RULESNEWS, Vol. 2006, No. 4 (October 27, 2006)

IN THIS ISSUE:

• PREVIEW OF LEGISLATION AFFECTING RULEMAKING GENERALLY
• CHANGES TO ADMINISTRATIVE RULES' RULES
• RULEMAKING PROCESS TRAINING SCHEDULED FOR 2006-2007
• A NEW LOOK FOR RULES ONLINE

 

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/agencyresources/rulesnews.htm

 

PREVIEW OF LEGISLATION AFFECTING RULEMAKING GENERALLY

As of October 27, Legislators have opened three bill requests that will potentially affect administrative rulemaking.

"Administrative Rules Reauthorization" (Sen. H. Stephenson)

The Reauthorization bill is the Administrative Rules Review Committee's annual bill required by Section 63-46a-11.5. The committee has not yet discussed the bill. The Division will continue to monitor the bill and notify agencies if any rules are identified for sunset.

"Impact of Administrative Rules on Small Businesses" (Rep. S. Clark)

At its meeting on Wednesday, September 20, 2006, the Business and Labor Interim Committee approved as a committee bill "Impact of Administrative Rules on Small Businesses." This bill is essentially the same as S.B. 157 (2006) except that the committee changed the definition of small business from "businesses employing fewer than 50 persons" to "businesses employing fewer than 100 persons." Rep. Stephen D. Clark will sponsor the bill.

"State Agency Timely Adoption of Administrative Rules" (Rep. D. Clark)

Rep. David Clark has opened a bill request for the 2007 General Session entitled "State Agency Timely Adoption of Administrative Rules." Rep. Clark is concerned that some agencies take longer than necessary to promulgate administrative rules necessary to implement bills.

The bill has not yet been drafted. In concept, Rep. Clark's bill will give an agency 12 months to promulgate a rule. If a rule is not promulgated within 12 months, the agency will be asked to appear before the Administrative Rules Review Committee and explain the delay.

Updated Information

This information will be updated throughout the session and available at http://www.rules.utah.gov/law/legis.htm.

 

CHANGES TO ADMINISTRATIVE RULES' RULES

The Division of Administrative Rules intends to file two proposed rules for publication in the November 15, 2006, issue of the Utah State Bulletin. These filings make the division's rule consistent with H.B. 316 (2006).

Rule R15-2, entitled "Public Petitioning for Rulemaking", is amended to incorporate the agency's response time as modified by H.B. 316. In addition, the rule clarifies what a petition must include, and adds a definition for "petitioner."

Rule R15-4, entitled "Administrative Rulemaking Procedures", is amended to account for the seven-day comment consideration period required by H.B. 316. The proposed rule separates the provisions for filing a Notice of Effective Date for a Proposed Rule from those for filing the notice for a Change in Proposed Rule. In instances where an agency designates a public comment period for a Change in Proposed Rule, this rule imposes the seven-day comment consideration period. In instances where an agency formally extends a public comment period, this rule imposes the seven-day comment consideration period starting at the end of the extended public comment deadline.

If you are interested in receiving an advanced copy of the rule text, please e-mail Ken Hansen ("khansen" at "utah.gov"). Comments and concerns regarding the proposed rules should also be directed to Ken Hansen.

 

RULEMAKING PROCESS TRAINING SCHEDULED FOR 2006-2007

The Division of Administrative Rules has scheduled rulemaking process seminars for the remainder of 2006 and for 2007. These seminars are intended for those involved in filing rules.

Sessions for new rulewriters:* Tuesday, November 7, 2006, 9 to noon, 4112 State Office Building;
* Thursday, March 15, 2007, 9 to noon, 4112 State Office Building;
* Tuesday, May 22, 2007, 9 to noon, 4112 State Office Building; and
* Tuesday, November 13, 2007, 9 to noon, 4112 State Office Building.

Sessions for experienced rulewriters:
* Tuesday, November 7, 2006, 1:30 to 3 p.m., 4112 State Office Building; and
* Thursday, March 15, 2007, 1:30 to 3 p.m., 4112 State Office Building;

Seating is limited. Those wishing to attend must RSVP to Sophia Manousakis by e-mail to "smanousa" at "utah.gov" 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.

 

A NEW LOOK FOR RULES ONLINE

On October 2, the Division of Administrative Rules unveiled a new design for its web site -- Utah Administrative Rules Online. The redesign was part of a Department of Administrative Services initiative to improve web access to the department.

Agencies will now find resources about the rulemaking process by following the link from the "Agency" button. The "Agency" page includes links to eRules, the Rule Filing Time Frames, and the Division's newsletter -- RulesNews.

Comments and concerns regarding the redesign of the Division's web site should be directed to Ken Hansen (801-538-3777 or "khansen" at "utah.gov").

 

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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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