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RULESNEWS, Vol. 2005, No. 2 (March 7, 2005)

IN THIS ISSUE:

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CHANGES IN GOPB RULES REVIEW

Kent W. Bishop, rules analyst in the Governor's Office of Planning and Budget (GOPB), has announced his retirement. Kent will be leaving state employment with over 25 years of service. His last day at work will be March 31.

On March 22, 1988, Governor Norman H. Bangerter issued an executive order requiring each department to conduct an internal prefiling review of its administrative rules. That order also required GOPB to conduct a post-filing review of all administrative rules. This task fell to Kent and his former colleague Peter Groesbeck. On January 1, 1997, Pete took a position with the Industrial Commission (now the Labor Commission), leaving Kent with the responsibility to review all state administrative rules.

Since 1988, the Division estimates that Kent has reviewed more than 14,500 rule filings amounting to over 24,340 pages of published administrative rule changes (set in 9 point type), and countless prefiling administrative rule drafts. Kent has also been a liaison between state agencies and the Legislature's Administrative Rules Review Committee.

Mr. Hunter Finch, currently a budget analyst in GOPB, has been appointed to assume Kent's administrative rules review responsibilities. Hunter worked with the Department of Corrections for over twenty years. After retiring, he returned to state government in 2003 as a budget analyst for GOPB where he worked on the public safety and elected officials budgets. Hunter has bachelor of science degrees in mass communications/public relations, psychology/research and statistics, sociology/criminology; and master's degrees in social work/clinical social work, and education/educational psychology. Additionally, he is a certified criminologist, a certified law enforcement officer, and a licensed clinical social worker.

The Division gratefully acknowledges the contributions Kent has made improving administrative rules and the rulemaking process over the past 17 years. The Division also welcomes Hunter to the rulemaking process.

LEGISLATION AFFECTING THE RULEMAKING, ADR PROCESSES

The 2005 general session of the 56th Legislature concluded on Wednesday. During the session, the following bills were considered that 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. It reauthorizes all rules.

H.B. 37 passed on February 3, 2005, but as of March 7, had not yet been sent to the governor. More information about H.B. 37 is available at http://www.le.utah.gov/~2005/htmdoc/hbillhtm/hb0037.htm .

H.B. 209. "Administrative Rules - Impact on Small Businesses" (Rep. G. Hughes)

H.B. 209 would have amended Title 63, Chapter 46a, Utah Administrative Rulemaking Act, in two ways. It defined "small businesses". It also would have modified Section 63-46a-4, requiring an agency to provide anticipated cost or savings to small businesses and business in general. H.B. 209 would have required changes to eRules, the web application agencies use to file rules.

The Senate did not consider H.B. 209 before the Legislature adjourned. Therefore, the bill failed. More information about H.B. 209 is available at http://www.le.utah.gov/~2005/htmdoc/hbillhtm/hb0209.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 some 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."

Additionally, the bill makes a minor change to Section 63-46a-4, adding a new Subsection (1) that provides, "An agency authorized to make rules is also authorized to amend and repeal those rules." This change also requires a minor change in Subsection 53C-1-201(3)(c)(v).

S.B 101 passed on February 2, 2005, but as of March 7, had not yet been sent to the governor. More information about S.B. 101 is available at http://www.le.utah.gov/~2005/htmdoc/sbillhtm/sb0101.htm .

S.J.R. 4. Joint Rules Resolution - Interim Rules Recodification (Sen. M. Waddoups)

S.J.R. 4 modifies the legislative rules that govern interim committees. Section 8 of the resolution enacts IR2-2-102 that provides for "Review of Rules Referred by Administrative Rules Review Committee." The rule provides that an interim committee may review a rule referred by the administrative rules review committee "and make recommendations to the Legislative Management Committee and the Administrative Rules Review Committee about whether or not the rule should be repealed."

S.J.R. 4 passed on January 27, 2005. More information about S.J.R 4 is available at http://www.le.utah.gov/~2005/htmdoc/sbillhtm/sjr004.htm .

Alternative Dispute Resolution Bills

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."

S.J.R. 3 passed on February 7, 2005. More information about S.J.R. 3 is available at http://www.le.utah.gov/~2005/htmdoc/sbillhtm/sjr003.htm .

RULEMAKING PROCESS SEMINARS SCHEDULED FOR 2005

The Division of Administrative Rules has scheduled rulemaking process seminars for 2005. These seminars are intended for those involved in filing rules. Sessions for new rule filers are scheduled from 9:00 to noon. Sessions for experienced rule filers are scheduled from 1:30 to 3:00 PM.

Those wishing to attend must RSVP to Sophia Manousakis at 801-538-3764 no later than two days prior to the date of the seminar. In compliance with the Americans with Disabilities Act, persons needing auxiliary communicative aids and services for these meetings should notify Ms. Manousakis at least three working days in advance of the meeting.

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:

To attend either 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.

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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/.

<<RULESNEWS, Vol. 2005, No. 2 (March 7, 2005)>>

Questions?

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of administrative rules.

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Last Modified: September 2, 2008