RULESNEWS

Vol. 2007, No. 1 (January 23, 2007)

IN THIS ISSUE:

• Legislation Affecting Administrative Rulemaking
• State Agency Access to ALL Federal Registers Issues, Many Law Journals and Other Resources
• Rules Due for Review in 2007
• Division Bids Farewell to Rep. David Ure
• Rulemaking Training Offered in 2007
• Changes to Rules' Rules
• Kimberly Hood Named Executive Director of Administrative Services

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.

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RULESNEWS archive by web -- http://www.rules.utah.gov/agencyresources/rulesnews.htm

 

Legislation Affecting Administrative Rulemaking

As of January 19, 2007, the following bills have been filed that affect administrative rules generally.

H.B. 64.  Impact of Administrative Rules on Small Businesses.  Rep. S. Clark.

Rep. S. Clark is sponsoring "Impact of Administrative Rules on Small Businesses."  As introduced, this bill is identical to S.B. 157 (2006) and H.B. 209 (2005) as amended.  The bill defines small business (employing fewer than 50 persons) and requires that agencies report anticipated cost or savings to small businesses and business in general as part of the rule analysis.

At the Division of Administrative Rules' request, Rep. Clark moved an amendment with two changes on the House floor.  The first, affecting line 122, replaced "other persons" in existing language with "persons other than small businesses, businesses, and local governments".  This is intended to clarify that agencies do not have to address these areas twice on the rule analysis form.

The second change added an effective date to the bill of July 1, 2007.  This is intended to give the Division some additional time in implementing the provisions of the bill. 

Additionally, Rep. R. Becker made a floor amendment to change line 121 removing "business in general" from the items on which agencies needed to comment separately.  The amendment passed.

The bill passed the House and is now in the Senate for consideration.  More information about H.B. 64 is available at http://www.le.utah.gov/~2007/htmdoc/hbillhtm/hb0064.htm.

S.B. 32.  Filings of Administrative Rules, Orders, and Regulations.  Sen. H. Stephenson.

This bill, an Administrative Rules Review Committee bill, amends Section 63-5a-7 changing the location at which an order, rule, or regulation must be filed for those documents to have effect during an emergency.  The current law requires that these documents be filed with the Division of Archives.  The bill changes the filing venue to the Division of Administrative Rules.  This bill makes Section 63-5a-7 consistent with changes made to the Utah Administrative Rulemaking Act in 1987.  The Division of Administrative Rules requested this bill after consultation with the Department of Public Safety.  More information about S.B. 32 is available at http://www.le.utah.gov/~2007/htmdoc/sbillhtm/sb0032.htm.

S.B. 122.  Administrative Rules Reauthorization.  Sen. H. Stephenson.

S.B. 122 is the Administrative Rules Review Committee's annual bill required by Section 63-46a-11.5.  The bill, as introduced, reauthorizes all administrative rules.  More information about S.B. 122 is available at http://www.le.utah.gov/~2007/htmdoc/sbillhtm/sb0122.htm.

S.B. 138.  Administrative Rule Criminal Penalty Amendments.  Sen. H. Stephenson.

The "Administrative Rule Criminal Penalty Amendments" bill is substantially similar to Substitute H.B. 317 (2006).  The bill amends sections throughout the Utah Code that currently prescribe a criminal penalty for the violation of a rule.  The bill affects the following sections:  Sections 4-38-7, 9-4-612, 32A-12-104, 40-6-12, 40-8-9, 41-3-210, 41-3-701, 41-3-702, 41-6a-1115, 51-7-22.4, 53-7-226, 59-14-212, 63C-9-301, 65A-3-1, 76-10-1233, and 76-10-1234.  More information about S.B. 138 is available at http://www.le.utah.gov/~2007/htmdoc/sbillhtm/sb0138.htm.

Additional Information

Questions about these bills may be directed to Ken Hansen (801-538-3777).

 

State Agency Access to ALL Federal Registers Issues, Many Law Journals and Other Resources

Agencies that reference Federal Registers, Supreme Court decisions, treaties, or law journals now have access to a valuable resource.  The Utah State Law Library (formerly referred to as the Supreme Court Law Library) has announced desktop access to HeinOnline, a legal research database, for Utah state agencies.

To use the service, state employees must access HeinOnline from a computer with a state-assigned IP address.  Access HeinOnline at http://www.heinonline.org/HOL/Welcome.

The HeinOnline subscription includes:

• Law Journal Library, with access to more than 900 American, international, and non-U.S. legal periodicals. Most journal coverage begins with v.1 and is within a volume of the most current.  By comparison, Lexis and Westlaw coverage generally starts in the mid-1980s.
• Treaties and Agreements Library, which includes all U.S. treaties and agreements in force and expired, in addition to explanatory materials.
• Federal Register Library, which includes the Federal Register (1936- ), Code of Federal Regulations (1938-1983), Weekly Compilation of Presidential Documents (1965- ), and U.S. Government Manual (1935- ).
• U.S. Supreme Court Library which includes the U.S. Reports (v.1- ) as well as books and journals about the court.
• U. S. Attorney General Opinions Library which includes the Official Opinions of the Attorneys General of the United States (1791-1982) and the Opinions of the Office of Legal Counsel of the United States Department of Justice (1977-1996).
• U.S. Federal History Library which provides complete legislative histories of dozens of major federal acts.
• U.S. Statutes at Large Library which provides coverage from the beginning of the set, v.1, through v.118 (1789-2004).
• Presidential Library which includes assorted compilations of the papers of the presidents (1896-2001), as well as Title 3 of the CFR (1936-2001).
• Legal Classics Library which includes hundreds of historical American legal treatises.

 

All documents are fully searchable PDF images, which include all charts, graphs and photos appearing in the original.

Visit the HeinOnline website at http://www.heinonline.org/ and select "Titles Currently Available or in Production" for a complete list of available resources.

Please contact Jessica Van Buren at the Utah State Law Library if you are prompted for a user name and password.  You can reach her at 801-238-7991 or jessicavb "at" email.utcourts.gov.

Kudos and thank you to the State Law Library for making this important reference resource available.

 

Rules Due for Review in 2007

Section 63-46a-9 requires each agency to review its rules within five years of each rule's original enactment, 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, unreviewed rules will expire, become unenforceable, and will be removed from the Utah Administrative Code.  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.  Current rule text in RTF format is available from http://www.rules.utah.gov/publicat/code.htm.  You may also 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 January 22, 2007, the following rules are due for review before the end of 2007.

 

Administrative Services

R13. Administration.

R13-2 is due 05/31/07; and R13-3 is due 12/11/07

R21. Debt Collection.

R21-1 is due 05/03/07; R21-2 is due 05/03/07; and R21-3 is due 05/03/07

R23. Facilities Construction and Management.

R23-1 is due 06/06/07; R23-12 is due 10/10/07; and R23-19 is due 06/14/07

R27. Fleet Operations.

R27-4 is due 08/13/07; R27-5 is due 04/08/07; R27-6 is due 04/08/07; R27-8 is due 04/08/07; and R27-10 is due 05/29/07

R28. Fleet Operations, Surplus Property.

R28-1 is due 03/05/07; and R28-7 is due 05/29/07

R33. Purchasing and General Services.

R33-1 is due 11/27/07; R33-2 is due 11/27/07; R33-3 is due 11/27/07; R33-4 is due 11/27/07; R33-5 is due 11/27/07; and R33-8 is due 11/27/07

R37. Risk Management.

R37-1 is due 06/28/07; R37-2 is due 06/28/07; R37-3 is due 06/28/07; and R37-4 is due 11/16/07

 

Agricultural and Food

R58. Animal Industry.

R58-1 is due 02/13/07; R58-6 is due 02/13/07; R58-8 is due 02/13/07; R58-18 is due 02/13/07; and R58-19 is due 09/20/07

R65. Marketing and Development.

R65-11 is due 09/20/07

R68. Plant Industry.

R68-15 is due 09/20/07; and R68-19 is due 09/20/07

R70. Regulatory Services.

R70-201 is due 09/20/07; R70-320 is due 02/13/07; R70-350 is due 02/13/07; R70-360 is due 02/13/07; and R70-530 is due 03/18/07

 

Attorney General

R105. Administration.

R105-2 is due 06/20/07

 

Auditor

R123. Administration.

R123-3 is due 12/10/07; R123-4 is due 12/10/07; and R123-5 is due 12/10/07

 

Capitol Preservation Board (State)

R131. Administration.

R131-3 is due 05/30/07

 

Commerce

R151. Administration.

R151-2 is due 04/15/07; R151-3 is due 07/26/07; and R151-33 is due 08/02/07

R152. Consumer Protection.

R152-6 is due 10/30/07; R152-11 is due 06/03/07; R152-15 is due 10/30/07; R152-20 is due 06/03/07; R152-22 is due 10/30/07; R152-23 is due 10/30/07; R152-26 is due 06/03/07; and R152-34 is due 08/26/07

R154. Corporation and Commercial Code.

R154-1 is due 11/26/07

R156. Occupational and Professional Licensing.

R156-1 is due 05/02/07; R156-11a is due 07/11/07; R156-16a is due 07/23/07; R156-24a is due 04/15/07; R156-26a is due 04/15/07; R156-28 is due 04/15/07; R156-37 is due 05/09/07; R156-41 is due 04/08/07; R156-56 is due 05/16/07; R156-64 is due 07/11/07; R156-70A is due 05/02/07; R156-76 is due 09/05/07; and R156-78A is due 07/16/07

R162. Real Estate.

R162-1 is due 06/03/07; R162-2 is due 06/12/07; R162-3 is due 06/03/07; R162-4 is due 06/03/07; R162-5 is due 06/03/07; R162-6 is due 06/07/07; R162-7 is due 06/03/07; R162-8 is due 06/03/07; R162-9 is due 06/26/07; R162-101 is due 06/03/07; R162-102 is due 03/27/07; R162-103 is due 06/03/07; R162-104 is due 03/27/07; R162-106 is due 03/27/07; and R162-109 is due 06/03/07

R164. Securities.

R164-1 is due 12/16/07; R164-4 is due 12/17/07; R164-5 is due 12/19/07; R164-6 is due 12/19/07; R164-9 is due 12/19/07; R164-10 is due 12/17/07; R164-11 is due 11/04/07; R164-12 is due 11/04/07; R164-13 is due 08/27/07; R164-14 is due 12/19/07; R164-15 is due 09/01/07; R164-18 is due 12/19/07; R164-25 is due 11/04/07; and R164-26 is due 11/04/07

 

Community and Culture

R195. Home Energy Assistance Target (HEAT).

R195-2 is due 06/14/07; R195-3 is due 06/14/07; R195-4 is due 06/14/07; R195-5 is due 06/14/07; R195-6 is due 06/14/07; R195-7 is due 06/14/07; and R195-8 is due 06/14/07

R199. Housing and Community Development.

R199-8 is due 11/05/07; R199-9 is due 11/05/07; and R199-10 is due 11/05/07

R202. Housing and Community Development, Community Services.

R202-100 is due 11/26/07

R203. Energy Services.

R203-4 is due 09/20/07; and R203-5 is due 09/19/07

R207. Fine Arts.

R207-1 is due 08/20/07; and R207-2 is due 08/20/07

R212. History.

R212-1 is due 10/08/07; and R212-12 is due 09/10/07

R223. Library.

R223-1 is due 11/05/07

 

Corrections

R251. Administration.

R251-112 is due 12/30/07; R251-305 is due 05/13/07; R251-306 is due 04/12/07; R251-401 is due 09/11/07; R251-707 is due 05/13/07; and R251-710 is due 06/19/07

 

Education

R277. Administration.

R277-101 is due 09/12/07; R277-103 is due 09/10/07; R277-108 is due 11/04/07; R277-112 is due 09/12/07; R277-115 is due 09/12/07; R277-116 is due 09/12/07; R277-400 is due 09/12/07; R277-401 is due 09/12/07; R277-407 is due 09/12/07; R277-410 is due 09/12/07; R277-411 is due 09/12/07; R277-412 is due 09/12/07; R277-416 is due 04/15/07; R277-419 is due 10/18/07; R277-420 is due 10/18/07; R277-422 is due 10/18/07; R277-423 is due 10/18/07; R277-424 is due 10/18/07; R277-426 is due 10/18/07; R277-433 is due 09/12/07; R277-445 is due 09/12/07; R277-454 is due 10/18/07; R277-481 is due 10/16/07; R277-502 is due 09/12/07; R277-503 is due 04/15/07; R277-505 is due 09/12/07; R277-506 is due 09/12/07; R277-507 is due 04/15/07; R277-509 is due 10/18/07; R277-514 is due 09/12/07; R277-519 is due 04/15/07; R277-522 is due 11/04/07; R277-608 is due 09/10/07; R277-617 is due 02/06/07; R277-703 is due 09/12/07; R277-705 is due 03/05/07; R277-713 is due 09/12/07; R277-720 is due 09/12/07; R277-733 is due 10/18/07; R277-750 is due 09/12/07; R277-911 is due 09/12/07; and R277-915 is due 02/28/07

 

Environmental Quality

R305. Administration.

R305-1 is due 05/01/07; R305-2 is due 11/08/07; and R305-3 is due 11/08/07

R307. Air Quality.

R307-105 is due 03/26/07; R307-120 is due 03/26/07; R307-121 is due 03/26/07; R307-122 is due 03/26/07; R307-130 is due 03/27/07; R307-135 is due 04/22/07; R307-220 is due 03/26/07; R307-221 is due 03/26/07; R307-301 is due 03/27/07; and R307-342 is due 04/22/07

R309. Drinking Water.

R309-500 is due 09/16/07; R309-505 is due 09/16/07; R309-510 is due 09/16/07; R309-515 is due 09/16/07; R309-520 is due 09/16/07; R309-525 is due 09/16/07; R309-530 is due 09/16/07; R309-535 is due 09/16/07; R309-540 is due 09/16/07; R309-545 is due 09/16/07; R309-550 is due 09/16/07; R309-700 is due 09/16/07; and R309-705 is due 09/16/07

R311. Environmental Response and Remediation.

R311-200 is due 03/06/07; R311-201 is due 03/06/07; R311-202 is due 03/06/07; R311-203 is due 03/06/07; R311-204 is due 03/06/07; R311-205 is due 03/06/07; R311-206 is due 03/06/07; R311-207 is due 03/06/07; R311-208 is due 03/06/07; R311-209 is due 03/06/07; R311-210 is due 03/06/07; R311-211 is due 03/06/07; R311-212 is due 03/06/07; and R311-401 is due 08/13/07

R313. Radiation Control.

R313-24 is due 10/07/07; and R313-35 is due 01/02/07

R315. Solid and Hazardous Waste.

R315-304 is due 04/11/07

R317. Water Quality.

R317-1 is due 10/07/07; R317-2 is due 10/07/07; R317-3 is due 10/07/07; R317-5 is due 10/07/07; R317-6 is due 10/17/07; R317-8 is due 10/17/07; R317-10 is due 10/07/07; R317-100 is due 10/07/07; R317-550 is due 10/07/07; and R317-560 is due 10/07/07

 

Financial Institutions

R331. Administration.

R331-3 is due 09/25/07; R331-5 is due 08/01/07; R331-7 is due 08/01/07; R331-9 is due 08/01/07; R331-10 is due 08/01/07; R331-12 is due 08/01/07; R331-14 is due 08/01/07; R331-17 is due 09/25/07; R331-22 is due 04/16/07; and R331-23 is due 10/01/07

R333. Banks.

R333-5 is due 09/23/07; R333-7 is due 09/11/07; R333-8 is due 09/23/07; R333-9 is due 09/23/07; R333-10 is due 09/23/07; R333-11 is due 05/30/07; and R333-12 is due 09/25/07

R335. Consumer Credit.

R335-1 is due 09/24/07; R335-2 is due 09/25/07; and R335-4 is due 09/24/07

R337. Credit Unions.

R337-2 is due 09/09/07; R337-4 is due 12/23/07; R337-5 is due 09/09/07; R337-7 is due 10/01/07; R337-8 is due 10/01/07; and R337-9 is due 10/01/07

R339. Industrial Loan Corporations.

R339-4 is due 09/25/07; R339-6 is due 09/25/07; and R339-11 is due 10/01/07

 

Governor

R355. Administration.

R355-1 is due 09/03/07

R361. Planning and Budget.

R361-2 is due 10/29/07

 

Health

R380. Administration.

R380-1 is due 08/30/07; R380-5 is due 08/30/07; R380-10 is due 08/30/07; R380-20 is due 05/02/07; R380-50 is due 11/26/07; and R380-100 is due 08/30/07

R386. Epidemiology and Laboratory Services, Epidemiology.

R386-702 is due 08/20/07

R388. Epidemiology and Laboratory Services; HIV/AIDS, Tuberculosis Control/Refugee Health.

R388-801 is due 08/20/07; R388-802 is due 08/20/07; R388-803 is due 08/20/07; and R388-804 is due 08/20/07

R392. Epidemiology and Laboratory Services, Environmental Services.

R392-100 is due 05/17/07; R392-200 is due 10/09/07; R392-300 is due 10/16/07; R392-301 is due 10/16/07; R392-302 is due 10/16/07; R392-400 is due 10/16/07; R392-401 is due 10/16/07; R392-402 is due 10/16/07; R392-501 is due 10/16/07; R392-502 is due 10/16/07; and R392-510 is due 10/16/07

R406. Community and Family Health Services, WIC Services.

R406-100 is due 04/30/07; R406-200 is due 04/30/07; R406-201 is due 04/30/07; R406-202 is due 05/01/07; and R406-301 is due 05/01/07

R410. Health Care Financing.

R410-14 is due 11/26/07

R414. Health Care Financing, Coverage and Reimbursement Policy.

R414-1 is due 04/30/07; R414-1A is due 06/25/07; R414-2A is due 11/26/07; R414-2B is due 11/26/07; R414-3A is due 11/26/07; R414-4A is due 03/12/07; R414-4x is due 12/31/07; R414-7C is due 03/12/07; R414-10 is due 03/12/07; R414-10A is due 03/12/07; R414-15 is due 10/28/07; R414-21 is due 05/06/07; R414-22 is due 12/31/07; R414-29 is due 11/26/07; R414-32 is due 12/31/07; R414-38 is due 05/06/07; R414-45 is due 03/08/07; R414-60 is due 06/26/07; R414-100 is due 07/01/07; R414-200 is due 07/01/07; R414-310 is due 07/01/07; and R414-504 is due 12/31/07

R420. Heath Care Financing, Medical Assistance Program.

R420-1 is due 07/12/07

R426. Health Systems Improvement, Emergency Medical Services.

R426-2 is due 11/26/07; R426-5 is due 10/30/07; and R426-6 is due 11/26/07

R428. Center for Health Data, Health Care Statistics.

R428-1 is due 04/29/07; R428-2 is due 04/29/07; R428-5 is due 04/29/07; R428-10 is due 04/29/07; R428-12 is due 04/29/07; and R428-20 is due 04/29/07

R430. Health Systems Improvement, Child Care Licensing.

R430-2 is due 12/19/07; R430-3 is due 12/19/07; and R430-30 is due 12/19/07

R432. Health Systems Improvement, Licensing.

R432-31 is due 12/19/07; R432-40 is due 12/19/07; R432-100 is due 10/16/07; R432-101 is due 10/16/07; R432-102 is due 10/16/07; R432-103 is due 10/16/07; R432-104 is due 10/16/07; R432-105 is due 10/16/07; R432-150 is due 10/09/07; R432-151 is due 12/19/07; R432-152 is due 10/16/07; R432-200 is due 10/16/07; R432-201 is due 10/16/07; R432-300 is due 10/09/07; R432-500 is due 12/03/07; R432-550 is due 10/16/07; R432-600 is due 10/16/07; R432-650 is due 10/09/07; R432-700 is due 10/09/07; R432-750 is due 10/09/07; and R432-950 is due 10/16/07

R436. Center for Health Data, Vital Records and Statistics.

R436-1 is due 11/26/07; R436-2 is due 11/26/07; R436-3 is due 11/26/07; R436-4 is due 11/26/07; R436-6 is due 12/03/07; R436-7 is due 11/26/07; R436-8 is due 11/26/07; R436-9 is due 11/26/07; R436-10 is due 11/26/07; R436-11 is due 12/03/07; R436-12 is due 11/26/07; R436-13 is due 11/26/07; R436-14 is due 11/26/07; R436-15 is due 11/26/07; R436-16 is due 11/26/07; R436-17 is due 11/26/07; and R438-12 is due 07/01/07

R444. Epidemiology and Laboratory Services, Laboratory Improvement.

R444-11 is due 07/01/07; and R444-14 is due 06/13/07

 

Housing Corporation (Utah)

R460. Administration.

R460-1 is due 11/01/07; R460-2 is due 11/01/07; R460-3 is due 11/01/07; R460-4 is due 11/01/07; R460-5 is due 11/01/07; R460-6 is due 11/01/07; R460-7 is due 11/01/07; and R460-8 is due 11/01/07

 

Human Resource Management

R477. Administration.

R477-1 is due 06/11/07; R477-2 is due 06/11/07; R477-3 is due 06/11/07; R477-4 is due 06/11/07; R477-5 is due 06/11/07; R477-6 is due 06/11/07; R477-7 is due 07/05/07; R477-8 is due 06/11/07; R477-9 is due 06/11/07; R477-10 is due 06/11/07; R477-11 is due 06/11/07; R477-12 is due 06/11/07; R477-13 is due 06/11/07; R477-15 is due 06/11/07; and R477-100 is due 09/04/07

 

Human Services

R495. Administration.

R495-810 is due 02/06/07; R495-861 is due 12/23/07; and R495-878 is due 02/07/07

R501. Administration, Administrative Services, Licensing.

R501-1 is due 11/25/07; R501-2 is due 11/25/07; R501-7 is due 11/25/07; R501-8 is due 11/05/07; R501-11 is due 11/25/07; R501-12 is due 11/15/07; and R501-13 is due 11/07/07

R510. Aging and Adult Services.

R510-100 is due 11/01/07; R510-101 is due 11/01/07; R510-102 is due 11/01/07; R510-103 is due 11/01/07; R510-106 is due 11/01/07; R510-107 is due 11/01/07; R510-108 is due 11/01/07; R510-109 is due 11/01/07; R510-110 is due 11/01/07; R510-111 is due 11/01/07; R510-200 is due 11/01/07; R510-302 is due 09/19/07; and R510-400 is due 11/01/07

R512. Child and Family Services.

R512-1 is due 12/13/07; R512-2 is due 10/28/07; R512-20 is due 12/13/07; R512-31 is due 12/13/07; R512-32 is due 12/13/07; R512-40 is due 12/13/07; R512-42 is due 12/13/07; and R512-50 is due 12/13/07

R523. Substance Abuse and Mental Health.

R523-1 is due 12/11/07; R523-20 is due 06/05/07; R523-22 is due 06/24/07; and R523-23 is due 06/24/07

R527. Recovery Services.

R527-3 is due 12/18/07; R527-37 is due 09/11/07; R527-253 is due 09/11/07; R527-255 is due 09/11/07; R527-257 is due 09/11/07; R527-258 is due 09/11/07; R527-300 is due 09/11/07; R527-330 is due 09/11/07; R527-378 is due 09/11/07; R527-412 is due 09/11/07; R527-550 is due 11/05/07; R527-601 is due 09/11/07; and R527-928 is due 12/05/07

R539. Services for People with Disabilities.

R539-1 is due 12/18/07

R547. Juvenile Justice Services.

R547-1 is due 05/30/07; R547-3 is due 05/31/07; R547-6 is due 06/04/07; R547-7 is due 05/31/07; R547-10 is due 10/29/07; R547-12 is due 05/30/07; R547-13 is due 06/04/07; and R547-14 is due 04/30/07

 

Insurance

R590. Administration.

R590-68 is due 04/24/07; R590-70 is due 02/21/07; R590-85 is due 04/24/07; R590-95 is due 02/25/07; R590-96 is due 09/17/07; R590-99 is due 02/26/07; R590-101 is due 04/23/07; R590-102 is due 02/21/07; R590-108 is due 04/23/07; R590-114 is due 02/21/07; R590-116 is due 03/08/07; R590-117 is due 03/08/07; R590-118 is due 04/23/07; R590-120 is due 04/23/07; R590-122 is due 07/12/07; R590-123 is due 02/26/07; R590-131 is due 11/27/07; R590-141 is due 11/27/07; R590-142 is due 02/26/07; R590-143 is due 02/19/07; R590-146 is due 04/23/07; R590-147 is due 02/21/07; R590-148 is due 08/14/07; R590-149 is due 07/12/07; R590-150 is due 02/21/07; R590-151 is due 08/14/07; R590-152 is due 11/27/07; R590-153 is due 11/27/07; R590-173 is due 07/12/07; R590-203 is due 05/17/07; and R590-216 is due 09/26/07

 

Labor Commission

R600. Administration.

R600-2 is due 09/05/07

R602. Adjudication.

R602-1 is due 09/05/07; and R602-2 is due 09/05/07

R612. Industrial Accidents.

R612-1 is due 09/05/07

R614. Occupational Safety and Health.

R614-1 is due 11/25/07; R614-2 is due 11/25/07; R614-3 is due 11/25/07; R614-4 is due 11/25/07; R614-5 is due 11/25/07; R614-6 is due 11/25/07; and R614-7 is due 11/25/07

 

Money Management Council

R628. Administration.

R628-2 is due 07/10/07; and R628-18 is due 11/06/07

 

Natural Resources

R637. Energy and Resource Planning.

R637-1 is due 10/16/07

R641. Oil, Gas and Mining Board.

R641-100 is due 12/09/07; R641-101 is due 12/09/07; R641-102 is due 12/09/07; R641-103 is due 12/09/07; R641-104 is due 12/09/07; R641-105 is due 12/09/07; R641-106 is due 12/09/07; R641-107 is due 12/09/07; R641-108 is due 12/09/07; R641-109 is due 12/09/07; R641-110 is due 12/09/07; R641-111 is due 12/09/07; R641-112 is due 12/09/07; R641-113 is due 12/09/07; R641-114 is due 12/09/07; R641-115 is due 12/09/07; R641-116 is due 12/09/07; R641-117 is due 12/09/07; R641-118 is due 12/09/07; and R641-119 is due 12/09/07

R642. Oil, Gas and Mining; Administration.

R642-100 is due 03/25/07

R643. Oil, Gas and Mining; Abandoned Mine Reclamation.

R643-870 is due 03/25/07; R643-872 is due 03/25/07; R643-874 is due 03/25/07; R643-875 is due 03/25/07; R643-877 is due 03/25/07; R643-879 is due 03/25/07; R643-882 is due 03/25/07; R643-884 is due 03/25/07; and R643-886 is due 03/25/07

R645. Oil, Gas and Mining; Coal.

R645-100 is due 03/25/07; R645-103 is due 03/25/07; R645-200 is due 03/25/07; R645-201 is due 03/25/07; R645-202 is due 03/25/07; R645-203 is due 03/25/07; R645-300 is due 03/26/07; R645-301 is due 03/26/07; R645-302 is due 03/26/07; R645-303 is due 03/26/07; and R645-402 is due 03/26/07

R649. Oil, Gas and Mining; Oil and Gas.

R649-1 is due 03/26/07; R649-2 is due 03/26/07; R649-3 is due 03/26/07; R649-5 is due 03/26/07; R649-8 is due 03/26/07; and R649-9 is due 03/26/07

R652. Forestry, Fire and State Lands.

R652-1 is due 04/02/07; R652-3 is due 04/02/07; R652-4 is due 04/02/07; R652-5 is due 04/02/07; R652-6 is due 04/02/07; R652-20 is due 04/02/07; R652-30 is due 04/02/07; R652-40 is due 04/02/07; R652-50 is due 04/02/07; R652-60 is due 04/02/07; R652-70 is due 04/02/07; R652-90 is due 04/02/07; R652-100 is due 04/02/07; R652-121 is due 10/29/07; and R652-130 is due 04/02/07

R653. Water Resources.

R653-2 is due 12/13/07; R653-3 is due 12/13/07; R653-4 is due 12/16/07; R653-5 is due 12/16/07; R653-6 is due 12/16/07; R653-7 is due 12/17/07; and R653-8 is due 12/17/07

R655. Water Rights.

R655-1 is due 09/30/07; R655-2 is due 09/30/07; and R655-6 is due 09/30/07

R657. Wildlife Resources.

R657-2 is due 05/15/07; R657-4 is due 06/13/07; R657-12 is due 09/20/07; R657-13 is due 09/20/07; R657-14 is due 07/12/07; R657-16 is due 09/20/07; R657-18 is due 06/20/07; R657-22 is due 06/03/07; R657-23 is due 12/31/07; R657-27 is due 04/10/07; R657-28 is due 06/20/07; R657-29 is due 05/15/07; R657-30 is due 06/05/07; R657-33 is due 12/31/07; R657-43 is due 03/01/07; R657-44 is due 07/03/07; R657-50 is due 04/16/07; R657-51 is due 02/26/07; and R657-52 is due 09/04/07

 

Pardons (Board of)

R671. Administration.

R671-101 is due 09/17/07; R671-102 is due 09/18/07; R671-201 is due 10/16/07; R671-202 is due 09/18/07; R671-203 is due 09/18/07; R671-205 is due 09/25/07; R671-206 is due 09/25/07; R671-207 is due 10/11/07; R671-301 is due 09/25/07; R671-302 is due 09/25/07; R671-303 is due 09/25/07; R671-304 is due 09/25/07; R671-305 is due 09/25/07; R671-308 is due 09/25/07; R671-309 is due 09/25/07; R671-310 is due 10/11/07; R671-311 is due 09/25/07; R671-315 is due 10/11/07; R671-316 is due 10/11/07; R671-402 is due 10/11/07; and R671-405 is due 10/11/07

 

Professional Practices Advisory Commission

R686. Administration.

R686-104 is due 10/16/07

 

Public Safety

R708. Driver License.

R708-2 is due 11/25/07; R708-3 is due 07/25/07; R708-7 is due 11/25/07; R708-8 is due 11/25/07; R708-14 is due 07/25/07; R708-21 is due 11/25/07; R708-25 is due 11/25/07; R708-27 is due 11/25/07; and R708-35 is due 09/25/07

R710. Fire Marshal.

R710-1 is due 06/10/07; R710-2 is due 06/11/07; R710-3 is due 06/19/07; R710-4 is due 06/12/07; R710-7 is due 06/11/07; R710-8 is due 04/23/07; and R710-9 is due 06/12/07

R714. Highway Patrol.

R714-110 is due 12/17/07; R714-158 is due 12/17/07; R714-200 is due 12/17/07; R714-210 is due 12/17/07; R714-220 is due 12/17/07; R714-230 is due 12/17/07; R714-240 is due 12/17/07; R714-300 is due 12/17/07; and R714-550 is due 12/17/07

R728. Peace Officer Standards and Training.

R728-101 is due 10/03/07; R728-401 is due 10/03/07; R728-402 is due 10/03/07; R728-403 is due 10/03/07; R728-404 is due 10/03/07; R728-405 is due 09/27/07; R728-406 is due 10/03/07; R728-407 is due 10/03/07; R728-409 is due 10/03/07; R728-410 is due 10/03/07; and R728-500 is due 10/03/07

 

Public Service Commission

R746. Administration.

R746-100 is due 12/06/07; R746-101 is due 12/06/07; R746-200 is due 12/06/07; R746-310 is due 12/06/07; R746-320 is due 12/06/07; R746-343 is due 12/13/07; R746-346 is due 12/20/07; R746-349 is due 03/13/07; R746-351 is due 03/27/07; R746-356 is due 12/20/07; and R746-400 is due 06/20/07

 

Regents (Board of)

R765. Administration.

R765-134 is due 11/27/07; R765-610 is due 01/04/07; and R765-993 is due 11/27/07

R767. College of Eastern Utah.

R767-1 is due 07/18/07

R810. University of Utah, Parking and Transportation Services.

R810-1 is due 10/11/07; R810-2 is due 02/27/07; R810-3 is due 10/17/07; R810-4 is due 10/21/07; R810-5 is due 03/13/07; R810-6 is due 03/01/07; R810-7 is due 10/17/07; R810-8 is due 10/18/07; R810-9 is due 03/01/07; R810-10 is due 03/01/07; and R810-11 is due 03/01/07

 

School and Institutional Trust Lands

R850. Administration.

R850-1 is due 06/27/07; R850-2 is due 06/27/07; R850-3 is due 06/27/07; R850-4 is due 06/27/07; R850-5 is due 06/27/07; R850-6 is due 06/27/07; R850-11 is due 04/24/07; R850-30 is due 06/27/07; R850-40 is due 06/27/07; R850-50 is due 06/27/07; R850-60 is due 06/27/07; R850-70 is due 12/04/07; R850-80 is due 06/27/07; R850-83 is due 11/04/07; and R850-100 is due 08/16/07

 

Tax Commission

R861. Administration.

R861-1A is due 04/22/07

R865. Auditing.

R865-3C is due 04/22/07; R865-4D is due 03/15/07; R865-6F is due 04/03/07; R865-9I is due 04/22/07; R865-11Q is due 04/11/07; R865-12L is due 04/16/07; R865-13G is due 04/03/07; R865-14W is due 04/16/07; R865-15O is due 04/17/07; R865-19S is due 04/05/07; R865-20T is due 04/17/07; and R865-25X is due 08/26/07

R873. Motor Vehicle.

R873-22M is due 04/05/07

R877. Motor Vehicle Enforcement.

R877-23V is due 04/11/07

R884. Property Tax.

R884-24P is due 04/05/07

 

Technology Services

R895. Administration.

R895-3 is due 08/19/07; and R895-12 is due 12/12/07

 

Transportation

R912. Motor Carrier, Ports of Entry.

R912-76 is due 09/28/07

R914. Operations, Aeronautics.

R914-1 is due 06/25/07; and R914-2 is due 06/25/07

R918. Operations, Maintenance.

R918-2 is due 08/19/07; and R918-3 is due 12/13/07

R920. Operations, Traffic and Safety.

R920-1 is due 06/25/07; R920-2 is due 06/25/07; R920-3 is due 12/13/07; R920-4 is due 12/18/07; R920-5 is due 12/13/07; R920-6 is due 12/13/07; R920-50 is due 12/13/07; and R920-51 is due 12/13/07

R933. Preconstruction, Right-of-Way Acquisition.

R933-5 is due 06/04/07

 

Treasurer

R966. Unclaimed Property.

R966-1 is due 12/04/07

 

Workforce Services

R982. Administration.

R982-101 is due 06/27/07; R982-201 is due 06/27/07; R982-301 is due 06/27/07; and R982-601 is due 06/27/07

R994. Unemployment Insurance.

R994-102 is due 05/23/07; R994-106 is due 05/23/07; R994-303 is due 05/23/07; R994-401 is due 05/23/07; R994-402 is due 05/23/07; R994-403 is due 06/27/07; R994-404 is due 05/23/07; R994-405 is due 06/27/07; and R994-406 is due 05/23/07

 

Division Bids Farewell to Rep. David Ure

Rep. David Ure (Republican, District 53) chaired his final Administrative Rules Review Committee (ARRC) meeting on December 20, 2006.  He was unsuccessful in his bid for the Senate seat held by retiring Sen. Beverly Evans.  Rep. Ure was assigned to the ARRC in 1993 as a first-term legislator.  He then became the House chair of ARRC in 1999 replacing Rep. Marty Stephens who relinquished the chair when he became Speaker of the House.

During Rep. Ure's tenure, the ARRC has dealt with major issues such as the cost of administrative rules, weapons restrictions in rules, written documents that should be rules, authority to write rules, statutorily required rules that had not yet been written, and criminal penalties associated with the violation of a rule.  During his service, the ARRC also concluded its only complete review of all effective administrative rules.  In 1997, Rep. Ure sponsored H.B. 182 that expanded the size of the ARRC from six to ten legislators. Most notably, Rep. Ure's tenure on the committee marked a period of time when the executive and legislative branches worked more cooperatively for better administrative rules.

Those who work with the ARRC will miss Rep. Ure for the context and perspective he provided, as well as for his honest, honorable nature. It was always possible to talk with Rep. Ure, even when he stood on the opposite side of an issue.  He always listened respectfully. Knowing Rep. Ure, he will probably be listening to the audio broadcast of legislative meetings as he tends to his ranch.  The Division of Administrative Rules wishes Rep. Ure the very best in all his endeavors.

 

Rulemaking Training Offered in 2007

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

Sessions for new rulewriters:

• Thursday, March 15, 2007, 9 to noon, 4112 State Office Building, Salt Lake City;
• Tuesday, May 22, 2007, 9 to noon, 4112 State Office Building, Salt Lake City; and
• Tuesday, November 13, 2007, 9 to noon, 4112 State Office Building, Salt Lake City.

Sessions for experienced rulewriters:

• Thursday, March 15, 2007, 1:30 to 3 p.m., 4112 State Office Building, Salt Lake City.

Seating is limited.  Those wishing to attend must RSVP to Sophia Manousakis at 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.

As always, the Division staff is available to provide specific, one-on-one training to any state agency. To schedule this training, please contact Ken Hansen (801-538-3777).

 

Changes to Rules' Rules

The Division of Administrative Rules has made amendments to two of its rules -- Rule R15-2 and Rule R15-4 -- to make them consistent with the Utah Administrative Rulemaking Act as amended by H.B. 316 (2006), and to clarify specific issues.

With filing No. 29188, the Division made Rule R15-2 conform to Section 63-46a-12, and made other changes for clarification.  At Section R15-2-2, the Division added a new definition for "petitioner."  At Section R15-2-3, the Division restated the sentence in active voice to clarify who must act.  At Section R15-2-4, the Division clarified the information a petitioner must provide.  At Section R15-2-5, the Division replaced language referring to the old time frame provided by Section 63-46a-12 with a reference to the statute.

With filing No. 29189, the Division changed Sections R15-4-2, R15-4-4, and R15-4-5.  At Section R15-4-2, the Division added a new definition for "eRules."  At Section R15-4-4, the Division removed unnecessary language and clarified the scope of the section in its application to counting 30 days for the purposes of Sections 63-46a-4 and 63-46a-6.  At Section R15-4-5, the Division separated provisions addressing Notices of Effective Date for Proposed Rules (now Section R15-4-5a) and Notices of Effective Date for Changes in Proposed Rules (now Section R15-4-5b).  The Division added language clarifying when the earliest effective date after the close of comment may be.  It also added language indicating the mechanism by which an agency may formally extend the comment period and clarifying when the earliest effective date may be after the close of extended comment.  At Section R15-4-5b, the Division added new language requiring that a Change in Proposed Rule for which an agency designates a public comment period must be followed with the seven-day comment consideration period required for a Proposed Rule.

In response to public comment, the Division also filed a nonsubstantive change to Section R15-2-4.  The nonsubstantive change clarifies that Subsection 63-46a-12(4) requires a petitioner to include with a petition for rulemaking a statement regarding the regulatory authority of an agency.

All of the Division's effective rules are available on the Division's web site at http://www.rules.utah.gov/publicat/code/r015/r015.htm.  Questions regarding the Division's rules may be directed to Ken Hansen (801-538-3777).

 

Kimberly Hood Named Executive Director of Administrative Services

On November 3, 2006, Governor Jon M. Huntsman, Jr. announced the appointment of Kim Hood as Executive Director of the Department of Administrative Services.  As Executive Director, she will oversee divisions of state government, including the Division of Administrative Rules, that share the common function of providing service to other government agencies.  Ms. Hood replaces Mr. Richard Ellis who has accepted the position of Chief Deputy State Treasurer.  More information is available from the Governor's Office at http://www.utah.gov/governor/news/2006/news_11_03_06.html.  The Division expresses its gratitude to Mr. Ellis for his support and leadership.  The Division welcomes Ms. Hood.

=============================
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. 2007, No. 1 (January 23, 2007)>>