Utah Administrative Code Current through May 1, 2015

The Utah Administrative Code, the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules, is current through 05/01/2015. The Division posted this update on its website on 05/10/2015. The Division’s goal is to codify and post administrative rule filings made effective through the first of the month by the tenth of the month.

The Utah Administrative Code is available online at http://www.rules.utah.gov/publicat/code.htm. An archive of updates to the Utah Administrative Code is available online at http://www.rules.utah.gov/publicat/codeudt.htm.

Utah Administrative Code Current through April 1, 2015

The Utah Administrative Code, the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules, is current through 04/01/2015. The Division posted this update on its website on 04/07/2015. The Division’s goal is to codify and post administrative rule filings made effective through the first of the month by the tenth of the month.

The Utah Administrative Code is available online at http://www.rules.utah.gov/publicat/code.htm. An archive of updates to the Utah Administrative Code is available online at http://www.rules.utah.gov/publicat/codeudt.htm.

Updated Rules Review Agenda for 2015 — List of Rules Due for Five-Year Review During 2015

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” by the review due date. Otherwise, an unreviewed rule expires, becomes unenforceable, and is 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 the agency submit a copy of the rule text. The rule text may not include underlining or strike-out.

Please do not wait until the due date to file a five-year review. If there is a problem filing on that day, you could lose a rule because the deadline was missed.

The Division sends quarterly e-mail notices to agencies of rules due for review. This list below is current through March 24, 2015, indicating all of the rules that are due for review during the remainder of 2015.

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Changes to E-mail Distribution of Rulemaking Information

Due to changes made by the Department of Technology Services, the Division of Administrative Rules is moving its e-mail lists from Lyris to Google Groups.  The Utah State Digest and RulesNews will be sent from rulesonline@utah.gov . To ensure that you continue to receive the Digest, please add rulesonline@utah.gov to your contact list.

For Digest subscribers, there is an important change to note.  In the past, the Division has been able to schedule delivery of the Digest for 8 AM on the publication date.  With the change to Google Groups, the Division will be unable to schedule message delivery.  Therefore, the Division will send the Digest on the publication date (1st and 15th of each month).  If that day falls on a holiday or weekend, the Division will send the Digest on the following business day.

If you experience any problems receiving e-mails from the Division of Administrative Rules, please notify the Division at rulesonline@utah.gov .

To subscribe or unsubscribe to any of the Division’s mailing lists, send an e-mail to rulesonline@utah.gov and specify the list to which you wish to subscribe or unsubscribe.

Rules Required by Legislation are Due 180-Days from Effective Date of Bill; Report to GOMB by June 1

The Rulemaking Act, at Subsection 63G-3-301(13), requires agencies to file rules with the Division of Administrative Rules (initiate rulemaking) within 180 days of a bill’s effective date if the bill “specifically requires” rulemaking (e.g., “… shall make rules…”). Since most bills go into effect on May 12, 2015, rulemaking required by those bills must be filed by November 8, 2015. Rules required by bills that go into effect on July 1, 2015, must be filed by December 28, 2015.

Governor Herbert’s Executive Order EO/013/2011 requires agency rules coordinators to assess enacted legislation by June 1 to ensure that new regulatory obligations are identified and met. As part of this review, Cliff Strachan, who reviews rules for the Governor’s Office of Management and Budget, has requested that agencies provide information about: 1) bills that require rules, and 2) a copy of rules filed to implement those bills. This information may be sent directly to Mr. Strachan at cstrachan@utah.gov .

If you have questions about the rulemaking process or the statutory deadline found at Subsection 63G-3-301(13), please contact the Ken Hansen at 801-538-3777.

Legislation Affecting Administrative Rulemaking

During the 2015 General Session, the Legislature passed one bill that affected rulemaking generally.

H.B. 37, Reauthorization of Administrative Rules (Rep. C. Oda)

H.B. 37, entitled “Reauthorization of Administrative Rules”, passed and now awaits the Governor’s action.  H.B. 37 is the legislation required annually by Subsection 63G-3-502(3).  The bill reauthorizes all administrative rules.  If signed by the Governor, under the terms of Section 3 of the bill, H.B. 37 takes effect on May 1, 2015.

Additionally, H.B. 37 made technical changes to Section 63G-3-501. This is the section that creates the Legislature’s Administrative Rules Review Committee.

The law governing the reauthorization of administrative rules is found at Section 63G-3-502.  Questions about the reauthorization process may be directed to Ken Hansen, 801-538-3777.  Additional information about H.B. 37 is available on the Legislature’s web site at http://le.utah.gov/~2015/bills/static/HB0037.html.

Information about legislation affecting administrative rulemaking can be found on the Division of Administrative Rules’ web site at http://www.rules.utah.gov/law/legislation.htm.

H.B. 37, Rules Reauthorization, Passes

The Senate passed 1st Substitute House Bill 37, Reauthorization of Administrative Rules, on March 11, 2015.  The bill passed by more than two-thirds in both the House and Senate so, pending action by the Governor, H.B. 37 will take effect on May 1, 2015.

H.B. 37 reauthorizes all administrative rules. This process is governed by Section 63G-3-502.

It also amends Section 63G-3-501 making technical changes.  This section creates the Administrative Rules Review Committee.

More information about H.B. 37 is available on the Legislature’s web site at http://le.utah.gov/~2015/bills/static/HB0037.html .  Questions about H.B. 37 may be referred to Ken Hansen, 801-538-3777.

Former Executive Director of Administrative Services Passes Away

Raylene G. Ireland, former Executive Director of the Utah Department of Administrative Services, passed away on March 7, 2015.  Raylene dedicated years of her life — most of her career — to the citizens of Utah through her public service at different levels of government.  In 1993, Governor Michael O. Leavitt appointed her to direct the Department of Administrative Services, which includes the Division of Administrative Rules.  She served in that position until 2002 when she was asked to lead the Utah Department of Workforce Services.

Raylene G. Ireland

Raylene G. Ireland

If you had the opportunity to know Raylene, you may remember a gifted storyteller and speaker, someone with an amazing gift for remembering names, a dedicated mentor and public servant, an individual of great inner strength, and someone who always had a sense of what was right and who acted upon it.

The Division of Administrative Rules gratefully acknowledges Raylene Ireland’s years of public service that made Utah, state government, the Department of Administrative Services, and the Division of Administrative Rules a better place.  Her obituary is available online at  http://www.legacy.com/obituaries/deseretnews/obituary.aspx?n=raylene-marie-ireland&pid=174365314 or at http://www.heraldextra.com/lifestyles/announcements/obituaries/raylene-ireland/article_e7001729-bfef-5329-95b2-d17c86e8c679.html.

Utah Administrative Code Current through March 1, 2015

The Utah Administrative Code, the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules, is current through 03/01/2015. The Division posted this update on its website on 03/05/2015. The Division’s goal is to codify and post administrative rule filings made effective through the first of the month by the tenth of the month.

The Utah Administrative Code is available online at http://www.rules.utah.gov/publicat/code.htm. An archive of updates to the Utah Administrative Code is available online at http://www.rules.utah.gov/publicat/codeudt.htm.

Utah Administrative Code Current through February 1, 2015

The Utah Administrative Code, the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules, is current through 02/01/2015. The Division posted this update on its website on 02/06/2015. The Division’s goal is to codify and post administrative rule filings made effective through the first of the month by the tenth of the month.

The Utah Administrative Code is available online at http://www.rules.utah.gov/publicat/code.htm. An archive of updates to the Utah Administrative Code is available online at http://www.rules.utah.gov/publicat/codeudt.htm.