Utah Administrative Code Current through May 1, 2012

The Utah Administrative Code, the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules, is current through 05/01/2012.  The Division posted this update on its website on 05/10/2012.  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.

Note on the Passing of Former Administrative Rules Program Manager

It is with sadness that the Division of Administrative Rules notes the passing of Ruth Langheinrich.  Ruth worked for the Utah State Archives for 17 years beginning in November 1967.  During the last several years of her career with Archives, she served as the coordinator of publications which included the State of Utah Bulletin (predecessor to today’s Utah State Bulletin; rulemaking was under the purview of Archives until 1987).

IBM Selectric Composer

IBM Selectric Composer

Around 1978, Ruth oversaw a staff of approximately 6 employees who used IBM Selectric Composers — re-keying much of the information submitted for publication — to produce the twice-monthly Bulletin.  Between 1978 and 1984, Ruth also oversaw the introduction of computers to produce rulemaking publications.  The July 1, 1984, issue of the Bulletin was the last issue for which Ruth was responsible.

Ruth was loyal, dedicated, and personally vested in producing accurate publications for the the citizens of Utah.  Her friendly disposition, kind smile, and gentle German accent made her a pleasure to know.  Ruth’s efforts, and those of her staff, made Utah’s administrative rules accessible.  Thank you, Ruth, for your efforts on behalf of Utah’s citizens.

Ruth Langheinrich’s obituary was published on April 3, 2012 and is available online at http://www.legacy.com/obituaries/saltlaketribune/obituary.aspx?n=ruth-langheinrich&pid=156837152&fhid=4563 .

Ruth Langheinrich

Ruth Langheinrich

Source notes:  Picture of IBM Selectric Composer downloaded from http://ibmcomposer.org/joomla/index.php?option=com_content&view=article&id=47&Itemid=62, accessed 4/4/2012.  Ruth’s picture downloaded from the obituary, accessed 4/4/2012.

Governor Signs S.B. 240

Governor Gary R. Herbert signed S.B. 240, General Repealer, on March 23, 2012.  The bill goes into effect on May 8, 2012.  Section 3 of the bill amends Section 63G-3-305 by deleting Subsection (10).  This language was obsolete.  Questions about this change to the Utah Administrative Rulemaking Act may be directed to Ken Hansen at 801-538-3777.

Governor Signs Reauthorization Bill

Governor Gary R. Herbert signed S.B. 30, Administrative Rules Reauthorization, on March 22, 2012.  All administrative rules in effect on February 28, 2012, are reauthorized effective May 1, 2012.

The legislative reauthorization process is governed by Section 63G-3-502.  Questions about this process may be directed to Ken Hansen at 801-538-3777.

Rulemaking Training Scheduled for March 29, 2012

The Division of Administrative Rules will conduct an administrative rulemaking training seminar on Thursday, March 29, 2012.  This training is intended for state agency employees who are responsible for filing rules.

The training will be held in the State Office Building, Capitol Hill, in room 4112.  The training will last approximately six hours, split between two sessions.  The morning session begins at 9 a.m. and runs to noon.  The afternoon session begins at 1 p.m. and will run until 4 p.m.

The morning session will cover the following topics:

  • Governor Herbert’s Executive Order EO/013/2011: Establishing Effective Oversight Over State Agency Rulemaking;
  • pre-filing and pre-publication requirements, especially with regards to fiscal impact on business (as informed by EO/013/2011); and
  • the rule filing process, including a review of all rule filing types.  We will pay special attention to proposed rulemaking filings and five-year review filings.

The afternoon session will cover the following topics:

  • the rule filing process (continued, if necessary from the morning);
  • comment and effective date requirements, as well as what to do in the event of a petition for a rule hearing;
  • writing and preparing rule text.

We’ll try to address the first three bullet items during the morning session and the last two during the afternoon.

Please RSVP to Sophia Manousakis (“smanousa” at “utah.gov”) by email to reserve a spot.  Seating is limited!

Additional training sessions have been scheduled for Thursday, June 21; Thursday, September 20; and Thursday, December 13.

All Administrative Rules Reauthorized

On Thursday, March 8 (the final night of the 2012 General Session), the House of Representatives amended S.B. 30 making the bill reauthorizes all administrative rules.  The Senate concurred with the amended at 11:47 PM — with 13 minutes to spare. The bill was approved by more than two-third so all administrative rules are reauthorized effective May 1, 2012.

More information about S.B. 30 is available on the Legislature’s web site at http://le.utah.gov/~2012/htmdoc/sbillhtm/sb0030.htm .

Utah Administrative Code Current through March 1, 2012

The Utah Administrative Code, the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules, is current through 03/01/2012.  The Division posted this update on its website on 03/07/2012.  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.

S.B. 240 Passed; Removes Obsolete Language from Rulemaking Act

Senate Bill 240 (2012) has passed.  As it related to rulemaking, Section 3 of S.B. 240 removes Subsection 63G-3-305(10) from the Rulemaking Act.  Back in 1997, this language provided a grandfather clause that gave the then-newly-created Department of Workforce Services and the Labor Commission extra time to comply with the Rulemaking Act’s five-year review requirements.  This language was simply obsolete.  It had not been declared unconstitutional, as was represented on the floor during debate.

More information about S.B. 240 (2012) is available on the Legislature’s web site at http://le.utah.gov/~2012/htmdoc/sbillhtm/sb0240s01.htm .

A Nonreauthorization Bill?

Rep. John Dougall is sponsoring H.B. 335 (2012), Professional Licensing Amendments.  This bill “excludes from reauthorization four subsections within the rules of the Division of Occupational and Professional Licensing”, specifically:

  • R156-3a-102(6)(d);
  • R156-3a-102(6)(e);
  • R156-22-102(6)(d); and
  • R156-22-102(6)(e).

The bill contains a coordination clause which coordinates the provisions of H.B. 335 with the provisions of S.B. 30, Administrative Rules Reauthorization.

More information about H.B. 335 is available online from the Legislature’s web site at http://le.utah.gov/~2012/htmdoc/hbillhtm/hb0335.htm .

S.B. 240 Removes Obsolete Language from Rulemaking Act

Sen. John Valentine is sponsoring S.B. 240 (2012), General Repealer.  Section 4 of the bill amends Section 63G-3-305 by deleting Subsection (10).  In 1997, this subsection provided extra time for the then-newly-created Labor Commission and Department of Workforce Services to comply with the Rulemaking Act’s five-year review requirement.

More information about S.B. 240 is available on the Legislature’s web site at http://le.utah.gov/~2012/htmdoc/sbillhtm/sb0240.htm .