Reminder: Rules Required by Legislation are Due 180-Days from Effective Date of Bill

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.

On July 1, 2015, the chairs of the Legislature’s Administrative Rules Review Committee (ARRC), Sen. Howard Stephenson and Rep. Curtis Oda, sent an e-mail through Mr. Art Hunsaker, policy analyst with the Office of Legislative Research and General Counsel, to rulewriting agencies.  In addition to reminding agencies of the deadline for rulemaking, the e-mail provides two lists of bills compiled by legislative staff that identify provisions of bills that require rulemaking — one of bills that appear to require new administrative rules or change or repeal portions of existing rules; and one of bills that may require some redrafting of state agency administrative rules, but due solely to rulemaking grant repeals; in all, 66 bills.

Furthermore, the chairs asked agencies to contact Mr. Hunsaker prior to the applicable statutory deadline regarding compliance, delayed compliance, exemption from compliance, nonapplicability, or noncompliance with this rulemaking deadline as it relates to bills on the lists or other bills.

If you have questions about the rulemaking process or the statutory deadline found at Subsection 63G-3-301(13), please contact the division at 801-538-3764.

Rulemaking Training Scheduled During the Remainder of 2015

The Division of Administrative Rules has scheduled Rulemaking Process Seminars for 2015. The dates are:

  • Wednesday, September 2, 2015; and
  • Wednesday, December 2, 2015.

Each session will begin at 8:30 AM and conclude by noon. These sessions will be held on Capitol Hill.

To reserve a seat at any of these training sessions, state employees may use the Google Form available at https://docs.google.com/forms/d/1xHHGblDN_yzr8lbMzIlbjxSf6b9J5v8brEAav0QEdv8/viewform?usp=send_form. If you have difficulty using the form, send an e-mail to smanousa@utah.gov and provide all of the following information: 1) your name, 2) e-mail address, 3) job title, and 4) title R-number or the name of the agency for which you file rules.

If the dates listed above do not work for your schedule, please contact Mike Broschinsky (801-538-3003) to schedule training at your agency.

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 July 23, 2015, indicating all of the rules that are due for review during the remainder of 2015.

Administrative Services

R15. Administrative Rules

  • R15-1, 09/21/2015
  • R15-2, 09/21/2015
  • R15-3, 09/21/2015
  • R15-4, 09/21/2015
  • R15-5, 09/22/2015

R27. Fleet Operations

  • R27-1, 11/29/2015
  • R27-2, 11/29/2015
  • R27-3, 11/29/2015
  • R27-7, 11/29/2015

Agriculture and Food

R51. Administration

  • R51-1, 08/31/2015

R58. Animal Industry

  • R58-12, 08/25/2015
  • R58-13, 08/24/2015
  • R58-15, 08/25/2015

R63. Chemistry Laboratory

  • R63-1, 08/26/2015

R68. Plant Industry

  • R68-6, 08/10/2015

R70. Regulatory Services

  • R70-610, 08/05/2015
  • R70-620, 08/05/2015
  • R70-910, 08/05/2015
  • R70-950, 08/05/2015

Alcoholic Beverage Control

R81. Administration

  • R81-4B, 11/03/2015
  • R81-10A, 11/03/2015

Commerce

R156. Occupational and Professional Licensing

  • R156-50, 12/06/2015
  • R156-55e, 11/08/2015

R162. Real Estate

  • R162-2f, 12/22/2015

Education

R277. Administration

  • R277-100, 11/10/2015
  • R277-444, 09/24/2015
  • R277-611, 11/08/2015
  • R277-616, 11/10/2015

Environmental Quality

R317. Water Quality

  • R317-102, 11/24/2015

Health

R432. Family Health and Preparedness, Licensing

  • R432-100, 12/13/2015
  • R432-101, 12/13/2015
  • R432-102, 12/13/2015
  • R432-103, 12/13/2015
  • R432-104, 12/13/2015
  • R432-105, 12/13/2015
  • R432-106, 12/13/2015
  • R432-500, 12/13/2015
  • R432-550, 12/13/2015
  • R432-600, 12/13/2015

Heritage and Arts

R456. Indian Affairs

  • R456-1, 09/16/2015

R458. Library

  • R458-2, 10/25/2015

Human Services

R501. Administration, Administrative Services, Licensing

  • R501-14, 10/06/2015
  • R501-15, 12/08/2015

Insurance

R590. Administration

  • R590-130, 09/15/2015
  • R590-205, 12/08/2015
  • R590-233, 12/23/2015
  • R590-258, 09/08/2015

R592. Title and Escrow Commission

  • R592-1, 09/15/2015
  • R592-2, 09/15/2015

Money Management Council

R628. Administration

  • R628-4, 10/06/2015
  • R628-11, 10/12/2015
  • R628-12, 11/01/2015
  • R628-13, 11/07/2015
  • R628-16, 11/03/2015

Natural Resources

R651. Parks and Recreation

  • R651-637, 10/26/2015

R657. Wildlife Resources

  • R657-5, 11/01/2015
  • R657-17, 11/01/2015
  • R657-24, 08/26/2015
  • R657-38, 11/01/2015
  • R657-39, 12/13/2015
  • R657-40, 12/13/2015
  • R657-41, 11/01/2015
  • R657-56, 11/01/2015

Public Safety

R698. Administration

  • R698-6, 09/01/2015

Public Service Commission

R746. Administration

  • R746-341, 10/18/2015
  • R746-407, 10/18/2015
  • R746-510, 08/18/2015

Tax Commission

R865. Auditing

  • R865-21U, 10/28/2015

R867. Collections

  • R867-2B, 10/28/2015

Transportation Commission

R940. Administration

  • R940-6, 12/02/2015

Workforce Services

R986. Employment Development

  • R986-100, 09/08/2015
  • R986-200, 09/08/2015
  • R986-300, 09/08/2015
  • R986-400, 09/08/2015
  • R986-500, 09/08/2015
  • R986-600, 09/08/2015
  • R986-700, 09/08/2015
  • R986-800, 09/08/2015
  • R986-900, 09/08/2015

R994. Unemployment Insurance

  • R994-207, 08/24/2015

Please direct questions regarding rules due for review to Nancy Lancaster (801-538-3218).

Ken Hansen Appointed Administrative Services Deputy Executive Director

The Utah Department of Administrative Services (DAS) is pleased to announce the appointment of Kenneth A. Hansen as its new Deputy Executive Director.  Hansen will assume his new duties on July 27, 2015.  He has served as the Division of Administrative Rules’ Director since February 1993.

“Ken’s work in public policy at the national level, as well as in our local communities, demonstrates his commitment to leading by example.”  says Kim Hood, Executive Director of the DAS. “I look forward to his efforts in strategic planning, streamlining our products and services, and reviewing administrative policy in terms of business regulation.”

Ken has worked in DAS under six gubernatorial administrations and been part of its management team for over 22 years.  In 1998 through 2000, Ken served as the President of Administrative Codes and Registers (ACR), the national organization for government publishers of administrative rules.  He served as the ACR observer to the Uniform Law Commission’s Model State Administrative Procedure Act drafting committee.  He is a past president of the Utah Chapter of the American Society for Public Administration and is an adjunct professor of Political Science at the University of Utah.

Ken has Bachelor of Science degrees in History and Political Science, and a Master of Public Administration degree, all from the University of Utah.

For the foreseeable future, the Administrative Rules staff will report to Patricia Smith-Mansfield.  Smith-Mansfield is the Director of the Division of Archives and Records Services.

Utah Administrative Code Current through June 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 06/01/2015.  The Division posted this update on its website on 06/09/2015.  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 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.

Read more »

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 801-538-3764.