Utah Administrative Code Current through May 1, 2013

Posted by on June 4, 2013 Comments Off

The Utah Administrative Code, the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules, is current through 05/01/2013.  The Division posted this update on its website on 06/04/2013.  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.

Deadlines for Rules Specifically Required by 2013 Legislation

Posted by on April 12, 2013 Comments Off

Of the 524 bills and resolutions passed during the 2013 General Session, 478 bills have or will become law.  The Utah Administrative Rulemaking Act, at Subsection 63G-3-301(13), requires agencies to file administrative rules mandated by legislation within 180 days of the bill’s effective date.

On 05/14/2013, 392 bills take effect. For these bills, if the Legislature specifically required administrative rulemaking, the agency responsible for the program must initiate rulemaking (file the rule with the Division) by 11/10/2013.  Another 45 bills take effect on 07/01/2013, for which required rules must be filed by 12/28/2013.  Please note that 41 bills provided for an effective date other than 05/14/2013 or 07/01/2013 — some effective prior to 05/14/2013, and others effective after 07/01/2013.  Rules required by these bills are due 180-days from the effective date of the respective bill.

For example, S.B. 107, Public Shooting Ranges, effective 03/26/2013, provides:

The State Armory Board, any state agency, or institution of higher education that operates or has control of a shooting range shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement procedures for use of the range by the public. (Chapter 155, Laws of Utah 2013)

Rules to implement S.B. 107 must be filed with the Division by 09/22/2013 to meet the statutory deadline.

The Division encourages agency rulewriters to work with their department’s administrative rules coordinator to determine which of the 478 bills that passed direct your agency to engage in rulemaking.  Statute provides that if an agency is unable to meet the 180-day deadline, the agency must appear before the Administrative Rules Review Committee to discuss the delay.

Each agency is best suited to determine if a bill requires the agency to engage in rulemaking.  Questions about Utah’s rulemaking process or the provisions of Subsection 63G-3-301(13) may be directed to Ken Hansen (801-538-3777).

Utah Administrative Code Current through April 1, 2013

Posted by on April 10, 2013 Comments Off

The Utah Administrative Code, the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules, is current through 04/01/2013.  The Division posted this update on its website on 04/10/2013.  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.

Governor Signs Rules Reauthorization and Public Shooting Ranges Bills

Posted by on April 4, 2013 Comments Off

Governor Herbert has signed the following bills that affect administrative rulemaking:

  • H.B. 256, Reauthorization of Administrative Rules, effective 5/1/2013 (Chapter 355, Laws of Utah 2013); and
  • S.B. 107, Public Shooting Ranges, effective 3/26/2013 (Chapter 155, Laws of Utah 2013).

Questions about how these bills affect rulemaking may be referred to Ken Hansen (801-538-3777).

Legislation Affecting Administrative Rulemaking

Posted by on March 27, 2013 Comments Off

During the 2013 General Session, the Legislature has passed the following bills that affect rulemaking.

H.B. 256, Reauthorization of Administrative Rules (Rep. C. Oda)

H.B. 256, entitled “Reauthorization of Administrative Rules”, passed and now awaits the Governor’s action. H.B. 256 is the legislation required annually by Subsection 63G-3-502(3). The bill reauthorizes all administrative rules except Subsection R592-2-7(2) from the Title and Escrow Commission which addresses Title Insurance Administrative Hearings and Penalty Imposition, Imposition of Penalties. This subsection will be removed from the Utah Administrative Code effective May 1, 2013. A separate notice of the Legislative Nonreauthorization will be published in the May 15, 2013, issue of the Utah State Bulletin. Under the terms of Section 2 of the bill, it takes effect on May 1, 2013.

The law governing 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. 256 is available on the Legislature’s web site at http://le.utah.gov/~2013/bills/static/hb0256.html.

S.B. 107, Public Shooting Ranges (Sen. A. Christensen)

2nd Substitute S.B. 107 as amended, Public Shooting Ranges, passed and now awaits the Governor’s action. Beginning at line 135, the bill requires the “State Armory Board, any state agency, or institution of higher education that operates or has control of a shooting range” to make rules pursuant to the Utah Administrative Rulemaking Act. The bill specifies minimum content of the rules. The bill, beginning at line 163, excludes specified ranges (ranges operated by the Division of Wildlife Resources, the Utah National Guard ranges located at Camp Williams and the Salt Lake International Airport; and ranges owned, operated, or currently leased by a state public safety agency) from the Part, including the rulemaking requirement. Under the terms of Section 10 of the bill, it takes effect upon approval by the governor.

Additional information about S.B. 107 is available on the Legislature’s web site at http://le.utah.gov/~2013/bills/static/sb0107.html.

Questions about this legislation may be directed to Ken Hansen (801-538-3777).

Agency Administrative Rules Coordinators

Posted by on March 27, 2013 Comments Off

Governor Herbert’s 12/06/2011 executive order requires each “cabinet level administrator, or other official of similar responsibility, who answers to the Governor” to designate an administrative rules coordinator. Among other duties, the coordinator must:

  • assess enacted legislation by June 1 of each year to ensure that new regulatory obligations are discovered and met in a timely manner by appropriate rulemaking action; [and]
  • send a copy of the notice of proposed rule and the rule analysis required by law to the Governor’s Office of Economic Development….

The purpose of the provision to assess legislation is to ensure that each state agency has rules in place to implement new statutory mandates. This compliments the requirement found in Subsection 63G-3-301(13) that requires an agency to file a rule specifically required by legislation within 180-days of the legislation’s effective date.

Regarding the requirement to send a copy of a proposed rule to the Governor’s Office of Economic Development (GOED): the Division of Administrative Rules, the Governor’s Office of Management and Budget (GOMB), and GOED have developed an alternative method to provide GOED notices of proposed rules. This method is intended to remove some of the burden from the coordinators. This method involves GOMB forwarding the notice it receives to as an automatic part of the eRules application to GOED.

The full text of the Governor’s executive order is available online at http://www.rules.utah.gov/execdocs/2011/ExecDoc151876.htm . Section 4 of the order outlines duties of the agency administrative rules coordinator. Questions about the executive order may be referred to Ken Hansen (801-538-3777).

Utah Administrative Code Current through March 1, 2013

Posted by on March 14, 2013 Comments Off

The Utah Administrative Code, the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules, is current through 03/01/2013.  The Division posted this update on its website on 03/14/2013.  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.

H.B. 256 (2013), Reauthorization of Administrative Rules, Passes

Posted by on March 14, 2013 Comments Off

H.B. 256 (2013), entitled “Reauthorization of Administrative Rules,” has passed.  It now awaits gubernatorial action.  In its final form, the bill reauthorizes all administrative rules, except Subsection R592-2-7(2) from the Title and Escrow Commission that addresses Title Insurance Administrative Hearings and Penalty Imposition, Imposition of Penalties.  This subsection will be removed from the Utah Administrative Code effective May 1, 2013.  A separate notice of the Legislative Nonreauthorization will be published in the May 15, 2013, issue of the Utah State Bulletin.

The law governing reauthorization of administrative rules can be found at Section 63G-3-502.  Questions about the reauthorization process may be referred to Ken Hansen, 801-538-3777.  Additional information about H.B. 256 is available on the Legislature’s web site at http://le.utah.gov/~2013/bills/static/hb0256.html.

2nd Substitute S.B. 107 (2013) Contains General Rulemaking Requirement for Agencies that Operate or Control a Shooting Range

Posted by on March 4, 2013 Comments Off

Second Substitute Senate Bill 107 (Christensen, A.), beginning on line 136, includes a general rulemaking requirement.  It provides that:

(1) The State Armory Board, any state agency, or institution of higher education that operates or has control of a shooting range shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement procedures for use of the range by the public.

The bill also includes several items that must be addressed in the shooting range rules.

More information about SB0107S02 is available online at http://le.utah.gov/~2013/bills/static/SB0107.html .

House Passes Rules Reauthorization Bill

Posted by on March 1, 2013 Comments Off

The Utah House of Representatives has passed H.B. 256 (2013), entitled “Reauthorization of Administrative Rules.”  The original bill reauthorized all administrative rules except Subsection R277-445-3(B), Education, Administration, Classifying Small Schools as Necessarily Existent.  The bill was amended in committee so that Subsection R592-2-7(2), Insurance, Title and Escrow Commission, Title Insurance Administrative Hearings and Penalty Imposition, Imposition of Penalties, is also not reauthorized.

Related to the Education issue, Education filed an amendment to Rule R277-445 to remove Subsection R277-445-3(B).  That amendment was published in the 3/1/2013 edition of the Utah State Bulletin (see filing 37278).  In addition, H.B. 173, entitled “Necessarily Existent Small Schools Funding Amendments”, passed.  This bill inserts language similar to that found in Subsection R277-445-3(B) into statute.

H.B. 256 now heads to the Senate.  More information about H.B. 256 is available from the Legislature’s web site at http://le.utah.gov/~2013/bills/static/hb0256.html .