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RulesNews, Vol. 2008, No. 2 (October 29, 2008)

 

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 eRules, the Division's rule filing application.

Additional methods to access RULESNEWS:
RULESNEWS by RSS feed -- http://www.rules.utah.gov/rulesnews/?feed=rss2
RULESNEWS by blog -- http://www.rules.utah.gov/rulesnews/
RULESNEWS archive by web -- http://www.rules.utah.gov/agencyresources/rulesnews.htm

 

DEADLINES FOR EXPLICITLY MANDATED RULES

This year, the deadline for agencies to initiate rulemaking explicitly mandated by a bill that went into effect on May 5, 2008, is November 1, 2008. The deadline for agencies to initiate rulemaking explicitly mandated by a bill that went into effect on July 1, 2008, is December 28, 2008. (Utah Code Subsection 63G-3-301(13); Utah Administrative Code Section R15-3-5)

Subsection 63G-3-301(13)(c) provides that an agency unable to comply with this filing requirement must "appear before the legislative Administrative Rules Review Committee and provide reasons for the delay." If your agency will not be able to comply with the filing requirement, contact Art Hunsaker, staff to the Administrative Rules Review Committee, at 801-538-1032.

 

RULES CONTAINING REFERENCES TO RECODIFIED STATUTES

The Legislature passed two bills during the 2008 General Session that recodified (renumbered) statutes. H.B. 63 (2008) recodified almost all of Title 63. The affected chapters were reassigned to new titles ranging from 63G to 63M. H.B. 63 went into effect on May 5, 2008. H.B. 78 (2008) recodified Title 78 and several other chapters. These chapters were reassigned to Titles 78A or 78B, or repealed. H.B. 78 went into effect on February 7, 2008.

Each agency is responsible for correcting citations that appear within its administrative rules. To correct citations within a rule, an agency must file a nonsubstantive change. These nonsubstantive changes should be filed as soon as possible to reduce the chance of confusion. A "cross walk" that provides the old citation and its new counterpart is available at http://le.utah.gov/lrgc/recodification.htm.

The Division has prepared an updated list of administrative rules that, to the best of the Division's knowledge, contains references to statutes that were recodified by H.B. 63 or H.B. 78. The list is available at http://www.rules.utah.gov/law/2008-10-27–RecodificationList.pdf. It is current through October 27, 2008. If you find rules listed for your agency for which you think you have already filed a correction, please contact Nancy Lancaster at 801-538-3218.

The entire list is too lengthy to reproduce here. However, the following departments have rules with references to the renumbered statutes and should check the detailed list:

  • Administrative Services
  • Agriculture and Food
  • Alcoholic Beverage Control
  • Attorney General
  • Capitol Preservation Board (State)
  • Career Service Review Board
  • Commerce
  • Community and Culture
  • Corrections
  • Environmental Quality
  • Fair Corporation (Utah State)
  • Governor
  • Health
  • Housing Corporation (Utah)
  • Human Resource Management
  • Human Services
  • Insurance
  • Judicial Conduct Commission
  • Labor Commission
  • Money Management Council
  • Natural Resources
  • Pardons (Board of)
  • Public Lands Policy Coordinating Office
  • Public Safety
  • Public Service Commission
  • Regents (Board of)
  • School and Institutional Trust Lands
  • Technology Services
  • Transportation
  • Workforce Services

RULES DUE FOR REVIEW BEFORE THE END OF 2008

Section 63G-3-305 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 10/28/2008, the following rules are due for review before the end of 2008.


Health

R398. Community and Family Health Services, Children with Special Health Care Needs.
R398-10. 11/20/2008

R434. Health Systems Improvement, Primary Care and Rural Health.
R434-40. 12/23/2008

Insurance

R590. Administration.
R590-160. 11/25/2008
R590-161. 11/14/2008
R590-162. 11/14/2008

Public Service Commission

R746. Administration.
R746-360. 11/25/2008

School and Institutional Trust Lands

R850. Administration.
R850-61. 11/17/2008
R850-110. 12/16/2008

Transportation

R920. Operations, Traffic and Safety.
R920-7. 11/25/2008

If you believe you have already filed a review for one of the rules listed above, please contact Nancy Lancaster at 801-538-3218.

 

HEINONLINE TRAINING FOR STATE AGENCIES

The Utah State Law Library is pleased to announce a class for state executive branch employees on searching HeinOnline, a full-text database with content dating back to the first volumes of law reviews and the Code of Federal Regulations. HeinOnline is available to state agencies because of a contract negotiated by the State Law Library.

The training will be:

  • Where: Utah State Library, Room 219 (250 North 1950 West), Salt Lake City
  • When: Tuesday, November 18, 3:00 - 4:00 p.m.

Please RSVP to Mari Cheney at maric@email.utcourts.gov by November 17, 2008.

 

RULES' NEW WEB SITE

On September 2, the Division of Administrative Rules rolled out a newly designed web site. This new look is part of a department-wide effort. Thanks go to the Department of Administrative Services' Communications Quality Team and folks at the Department of Technology Services for the new look.

Please visit http://www.rules.utah.gov/ and use the "Contact Us" link to provide us with feedback.

 

ADMINISTRATIVE RULES' OFFICE HOURS

As part of Governor Huntsman's Working 4 Utah initiative, the Division of Administrative Rules operates on a four-day work week. The office is open for business from 7:00 am to 6:00 pm, Monday through Thursday. The office is closed on Friday.

If you have any questions regarding the Division's business hours, please contact: Ken Hansen, Director, Division of Administrative Rules, 4120 State Office Building, 450 North State St, Salt Lake City, UT 84114; or by phone at: 801-538-3764, by FAX at: 801-538-1773.

 

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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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