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RULESNEWS, Vol. 2005, No. 3 (June 6, 2005)

IN THIS ISSUE:

DIRECTIONS PLEASE: If someone else in your agency should receive RULESNEWS, please contact Ms. Sophia Manousakis (801-538-3764). If you no longer wish to receive RULESNEWS, you may unsubscribe by following the directions at the end of the newsletter. Please note, however, that unsubscribing may affect your access rights to the eRules filing application.

Additional methods to access RULESNEWS:
RULESNEWS by RSS feed -- http://rulesnews.utah.gov/index.rdf
RULESNEWS by blog -- http://rulesnews.utah.gov/
RULESNEWS archive by web -- http://www.rules.utah.gov/agncinfo/rulesnews/rulesnews.htm

2005 LEGISLATION EXPLICITLY AFFECTING ADMINISTRATIVE RULES

As a result of actions taken during the 2005 General Session, 312 bills will become law. Of those, at least 78 (affecting 173 separate statutory sections) modify explicit rulemaking authorizations.

The Division of Administrative Rules has prepared a list of these bills to facilitate state agency compliance with statutory rulemaking requirements. This list should not be considered exhaustive or conclusive. It does not include bills that contain implicit rulemaking requirements, nor does it consider sections of statutes that were completely repealed. Each agency is responsible for reviewing legislation and determining provisions that require rulemaking.

The list is available at: http://www.rules.utah.gov/agncinfo/legis/gs2005rulemaking.pdf

UPDATED RULEMAKING TIME FRAMES AVAILABLE

The Division has posted an updated copy of the Rulemaking Time Frames on its website at http://www.rules.utah.gov/agncinfo/deadln.htm. It starts with the filing window that opens June 2, 2005. A printable (PDF) version is also available at http://www.rules.utah.gov/agncinfo/deadln.pdf.

RULEMAKING PROCESS SEMINARS

In the March RulesNews issue, we announced the schedule for Rulemaking Process Seminars. The Division of Administrative Rules has made some scheduling changes since then.

Seminars for New Filers

Seminars for Experienced Filers

Seminars for New Administrators

These seminars are intended for cabinet members, division directors, and program managers new to the rulemaking process.

To attend any of the above seminars, R.S.V.P. to Ms. Sophia Manousakis at 801-538-3764 or smanousa@utah.gov. Please indicate the date and time of the seminar you wish to attend. 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 seminars, please contact Ken Hansen at 801-538-3777 or Mike Broschinsky at 801-538-3003.

RULE FILINGS RETURNED FOR CORRECTION

The Division has seen an increase in correction notices going back to the agencies. This is due in part to an increased focus on the accuracy and completeness of rule filings on the part of Division staff.

The Division is returning rule filings for correction to the Rule Analysis form for the following reasons:

  1. The response in boxes 7A, 7B, 7C, or 8 reports costs as "none": It is permissible to say that there is no cost, but you must then explain how you determined that there are no costs. Also if the rule does not affect local government (7B), please say that when you explain that there are no costs to local government.
  2. Box 7C is reported as an individual cost: The form clearly states that box 7C must report aggregate costs (i.e., costs for all persons as a class affected by the rule). Individualized costs are reported in Box 8.
  3. The response in box 9 lacks the department head's name and title following the comment.

The Division is returning rule filings for corrections to the text for the following reasons:

  1. The text paragraphs are indented using first line indent instead of tabs.
  2. The text contains headers and footers in text, which contain page numbers or the word "draft".
  3. The text contains line numbering.
  4. The text contains a table set up with tabs or the table function instead of being spaced.
  5. The text is incomplete text, lacking the agency information at the beginning of the rule or the keyword (indexing) information, date of last substantive amendment, or citations at the end of the rule.
  6. The text contains symbols (e.g., the section symbol or the ampersand) that will not translate among computer systems or word processing programs.

If responses to the questions on the form do not appear to meet the standard set in statute and rule, the Division will return the rule to the agency for correction. If text is not properly marked or if proprietary formatting features have been used that will inhibit the division's ability to publish and distribute the rule text, the Division may return the rule to the agency for correction. When the Division returns a rule for correction, you will receive notice by E-mail.

FEEDBACK ON RULES' RULES

Section 63-46a-10 authorizes the Division of Administrative Rules to "establish all filing, publication, and hearing procedures necessary to make rules. . . ." Section 63-46a-12 requires the Division to "prescribe by rule the form for [rulemaking] petitions and the procedure for their submission, consideration, and disposition." The Division's rules are due for review on October 16, 2005.

The Division seeks feedback from state agencies and other interested parties regarding these rules. The Division's rules are available online at http://www.rules.utah.gov/publicat/code/r015/r015.htm . Please submit comments no later than July 1, 2005, to Ken Hansen at khansen@utah.gov.

CHANGES TO ADMINISTRATIVE RULES REVIEW COMMITTEE; FIRST MEETING SCHEDULED

The Division has received word that the Legislature's Administrative Rules Review Committee (ARRC) membership, created by Section 63-46a-11, has changes. Rep. Kory Holdaway has replaced Speaker Greg Curtis, Rep. Carol Spackman Moss has replaced Rep. Brent Goodfellow (who had replaced Rep. Judy Buffmire in January), and Sen. Mark B. Madsen has replaced Sen. Al Mansell.

With these changes, the 2005 committee consists of:

The ARRC's next meeting is scheduled for Friday, June 10, 2005, at 9:30 AM in room W135 of the West Building, Capitol Hill Complex. Additional information about the ARRC is available on the Division's web site at http://www.rules.utah.gov/arrc/arrc.htm .

RULES DUE FOR REVIEW IN 2005

Section 63-46a-9 requires each agency to review its rules within five years of each rule's original enactment or last five-year review, and then within five-year intervals. To comply with the review requirement, the agency must submit a "Five-Year Notice of Review and Statement of Continuation" for each of its rules listed below. Otherwise, the rules will expire. Reviews may be filed ANY TIME prior to the deadline.

When filing a "Five-Year Notice of Review and Statement of Continuation," eRules requires that a copy of the rule text (no underlining or strike-out) be attached. Please contact Nancy Lancaster (801-538-3218) or Mike Broschinsky (801-538-3003) to obtain a current version of your rule.

We strongly encourage agencies not to wait until the due date to file a five-year review. (If there is a problem filing on that day, agencies could lose rules because the deadline was missed.)

The Division sends quarterly E-mail notices to agencies of rules due for review. As of June 6, 2005, the following rules are due for review before the end of 2005.

Administrative Services

R15. Administrative Rules.
R15-1. 10/16/05
R15-2. 10/16/05
R15-3. 10/16/05
R15-4. 10/16/05
R15-5. 10/16/05

R27. Fleet Operations.
R27-1. 10/16/05
R27-3. 10/17/05

Commerce

R156. Occupational and Professional Licensing.
R156-20a. 11/20/05
R156-55d. 07/18/05
R156-63. 09/28/05

R162. Real Estate.
R162-10. 10/24/05

Community and Economic Development

R212. Community Development, History.
R212-11. 12/01/05

Corrections

R251. Administration.
R251-113. 10/17/05
R251-303. 10/04/05

Education

R277. Administration.
R277-100. 12/14/05
R277-107. 09/01/05
R277-444. 10/13/05
R277-459. 07/12/05
R277-464. 07/12/05
R277-474. 09/01/05
R277-475. 09/01/05
R277-476. 09/01/05
R277-477. 12/02/05
R277-520. 07/12/05
R277-616. 12/14/05
R277-711. 12/14/05

Environmental Quality

R307. Air Quality.
R307-103. 12/07/05
R307-115. 09/06/05
R307-170. 08/07/05
R307-205. 08/02/05
R307-320. 08/03/05 (EXT date)

R315. Solid and Hazardous Waste.
R315-16. 09/15/05
R315-102. 09/15/05

R317. Water Quality
R317-102. 12/01/05

Health

R414. Health Care Financing, Coverage and Reimbursement Policy.
R414-33A. 08/02/05
R414-40. 12/22/05
R414-59. 12/22/05

Human Services

R497. Administration, Administrative Hearings.
R497-100. 11/27/05

R510. Aging and Adult Services.
R510-104. 11/01/05
R510-401. 11/15/05

R527. Recovery Services.
R527-67. 08/31/05 (EXT date)
R527-332. 08/01/05
R527-450. 07/26/05

Insurance

R590. Administration.
R590-130. 10/12/05
R590-171. 07/28/05
R590-175. 12/15/05
R590-199. 07/21/05
R590-202. 08/10/05

Labor Commission

R606. Antidiscrimination and Labor, Antidiscrimination.
R606-3. 07/07/05
R606-4. 07/07/05
R606-5. 07/07/05
R606-6. 07/07/05

R612. Industrial Accidents.
R612-6. 11/06/05

Money Management Council

R628. Administration.
R628-4. 10/11/05
R628-11. 10/13/05
R628-12. 11/01/05
R628-13. 11/07/05
R628-16. 11/03/05

Natural Resources

R651. Parks and Recreation.
R651-409. 07/04/05
R651-634. 07/04/05

R657. Wildlife Resources.
R657-5. 11/30/05
R657-11. 08/03/05
R657-17. 11/30/05
R657-24. 10/12/05
R657-38. 11/30/05
R657-41. 11/30/05

Public Safety

R722. Criminal Investigations and Technical Services, Criminal Identification.
R722-310. 11/16/05
R722-330. 11/02/05

R728. Peace Officer Standards and Training.
R728-205. 06/28/05

Public Service Commission

R746. Administration.
R746-341. 11/15/05
R746-407. 11/15/05

Workforce Services

R986. Employment Development.
R986-100. 10/02/05
R986-200. 10/02/05
R986-300. 10/02/05
R986-400. 10/02/05
R986-500. 10/02/05
R986-700. 10/02/05
R986-800. 10/02/05
R986-900. 10/02/05

R994. Workforce Information and Payment Services.
R994-207. 09/14/05

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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. 3 (June 6, 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: December 17, 2008