RULESNEWS, Vol. 2005, No. 1 (January 14, 2005)
IN THIS ISSUE:
- LEGISLATION AFFECTING THE RULEMAKING, ADR PROCESSES
- RULEMAKING PROCESS FOR NEW ADMINISTRATORS
- ABA ADMINISTRATIVE LAW SECTION'S MID-WINTER MEETING PROGRAM AVAILABLE
- REPRESENTATIVE GOODFELLOW ASSIGNED TO ADMINISTRATIVE RULES REVIEW COMMITTEE
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LEGISLATION AFFECTING THE RULEMAKING, ADR PROCESSES
As of January 14, 2005, the following bills have been filed that generally affect administrative rules and alternative dispute resolution.
Administrative Rulemaking Bills
H.B. 37. "Administrative Rules Reauthorization" (Rep. D. Ure)
The Reauthorization bill is the Administrative Rules Review Committee's annual bill required by Section 63-46a-11.5. H.B. 37, as introduced, proposes to reauthorize all rules. The Division will continue to monitor the bill and notify agencies if any rules are identified for sunset. More information about H.B. 37 is available at http://www.le.utah.gov/~2005/htmdoc/hbillhtm/hb0037.htm .
S.B. 101. Utah Administrative Rulemaking Act Revision (Sen. H. Stephenson)
S.B. 101 fixes an inconsistency in rulemaking authorizations within Title 9. In prior years, bills have permitted agencies to "revoke" rules. The term revoke is not defined, nor is it used in the Rulemaking Act. This bill replaces the word revoke with the Rulemaking Act's term, "repeal."
The bill makes a minor change to Section 63-46a-4, adding a new Subsection (1), which required a minor change in Subsection 53C-1-201(3)(c)(v), that provides, "An agency authorized to make rules is also authorized to amend and repeal those rules." More information about S.B. 101 is available at http://www.le.utah.gov/~2005/htmdoc/sbillhtm/sb0101.htm .
Other Rulemaking Legislation
Rep. Hughes' "Administrative Rules - Impact on Small Businesses" bill is still not numbered. The Chamber of Commerce has requested this bill. The Division will notify agencies when the text becomes available.
Alternative Dispute Resolution Bills
H.B. 4. Divorce Mediation Program (Rep. B. Ferry)
H.B. 4 requires that parties to a divorce "participate in good faith in at least one session of mediation." The bill permits the director of dispute resolution programs for the courts or the mediator to "excuse either part from the requirement to mediate for good cause." It also requires these mediations to be conducted pursuant to the Utah Rules of Court-Annexed Alternative Dispute Resolution. More information about H.B. 4 is available at http://www.le.utah.gov/~2005/htmdoc/hbillhtm/hb0004.htm .
S.J.R. 3. Resolution Encouraging Mediation (Sen. C. Walker)
S.J.R. 3 "urges state and local governments, special districts, and their governmental partners to use alternative dispute resolution as a preferred option of preventing and resolving conflicts, reducing litigation costs, and resolving disputes for the benefit of the citizens of the state of Utah." More information about S.J.R. 3 is available at http://www.le.utah.gov/~2005/htmdoc/sbillhtm/sjr003.htm .
RULEMAKING PROCESS FOR NEW ADMINISTRATORS
To help new state administrators understand their responsibilities under the Utah Administrative Rulemaking Act, the Division has scheduled a Rulemaking Process Seminar for New Administrators on:
- Wednesday, January 26, 2005, from 9:00 a.m. to 10:30 a.m., in room 4112, State Office Building
This seminar will be a high-level overview of Utah's regulatory process. It will not cover the details of how a rule is filed.
To attend the seminar, please R.S.V.P. to Ms. Sophia Manousakis at 801-538-3764 or smanousa@utah.gov . In compliance with the Americans with Disabilities Act, persons needing auxiliary communicative aids and services for this meeting should notify Ms. Manousakis at least three working days in advance of the meeting.
If you have questions about the content of the seminar, please contact Ken Hansen at 801-538-3777.
ABA ADMINISTRATIVE LAW SECTION'S MID-WINTER MEETING PROGRAM AVAILABLE
The Administrative Law and Regulatory Practice Section of the American Bar Association announced its program for the Bar's mid-winter meeting. The Section has scheduled sessions for February 10 through 13, 2005, in Salt Lake City. A PDF version of the program is available for download at http://www.abanet.org/adminlaw/ .
REPRESENTATIVE GOODFELLOW ASSIGNED TO ADMINISTRATIVE RULES REVIEW COMMITTEE
At its January 5, 2005, meeting of the Administrative Rules Review Committee, Sen. Stephenson introduced Rep. Brent Goodfellow as a new member of the committee (for biographical information, visit http://le.utah.gov/house/members2003/bios2003.asp?id=29 ). Rep. Goodfellow fills the position on the committee vacated by Rep. Judy Buffmire. The Division welcomes Rep. Goodfellow, and bids a grateful, fond farewell to Rep. Judy Buffmire.
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The Department of Administrative Services, Division of Administrative Rules, publishes RULESNEWS periodically for state rulewriting agencies. Kenneth A. Hansen, Director. Direct comments to the: Division of Administrative Rules, 4120 State Office Building, Salt Lake City, UT 84114-1201; Phone: 801-538-3764; FAX: 801-538-1773; Internet URL: http://www.rules.utah.gov/.
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