Utah Administrative Code Current through October 1, 2014

The Utah Administrative Code, the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules, is current through 10/01/2014. The Division posted this update on its website on 10/22/2014. 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.

One Last Reminder — Rules Required by Legislation are Due

The Rulemaking Act, at Utah Code 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. Since most bills went into effect on May 13, 2014, rules required by those bills are due November 9, 2014.

On September 26, 2014, the chairs of the Legislature’s Administrative Rules Review Committee (ARRC), Sen. Howard Stephenson and Rep. Curtis Oda, distributed a letter to rulewriting agencies. In addition to reminding agencies of the requirement, the letter provides two lists of bills compiled by legislative staff that identify provisions of bills that appear to require rulemaking — one for a bill from the 2013 General Session, and one for bills from the 2014 General Session; in all, 63 bills.

Furthermore, the chairs asked agencies to contact Mr. Art Hunsaker, policy analyst with the Office of Legislative Research and General Counsel, 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 Utah Code Subsection 63G-3-301(13), please contact the Division of Administrative Rules at 801-538-3764.  If you have questions about the committee’s process or would like to obtain a copy of the letter, please contact Mr. Hunsaker at 801-538-1032.

Utah Administrative Code Current through September 1, 2014

The Utah Administrative Code, the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules, is current through 09/01/2014. The Division posted this update on its website on 09/19/2014. 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 August 1, 2014

The Utah Administrative Code, the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules, is current through 08/01/2014. The Division posted this update on its website on 08/18/2014. 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 July 1, 2014

The Utah Administrative Code, the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules, is current through 07/01/2014.  The Division posted this update on its website on 07/18/2014.  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 June 1, 2014

The Utah Administrative Code, the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules, is current through 06/01/2014.  The Division posted this update on its website on 06/07/2014.  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.

2014 Index of Changes Now Available

On May 28, 2014, the Division of Administrative Rules published the 23rd edition of the Utah Administrative Rules Index of Changes.  The publication indexes administrative rulemaking actions — by agency, by subject, and by citation — made effective from 01/02/2013 through 01/01/2014.  The Index of Changes also includes a correlation table that shows changes to the organization of the Utah Administrative Code, a Summary of Rules Made Effective, and an Index of Editor’s Notes the Division uses to notify the public of corrections to rules published in the Utah State Bulletin and the Utah Administrative Code.

The Index of Changes is published in compliance with Subsection 63G-3-402(1)(g).  This subsection requires the Division to “publish at least annually an index of all changes to the administrative code and the effective date of each change”.

The 2014 Index of Changes is available in PDF format on the Division’s web site at http://www.rules.utah.gov/publicat/rulesindex.htm.

Utah Administrative Code Current through May 1, 2014

The Utah Administrative Code, the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules, is current through 05/01/2014.  The Division posted this update on its website on 05/20/2014.  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.

Considering Nonsubstantive Changes

After a decision has been made to change a rule, one of the first questions a rulewriter should ask is, “Is this change substantive or nonsubstantive?”

A nonsubstantive change differs from a substantive change in the following ways:

  1. a nonsubstantive change is not published in the Utah State Bulletin;
  2. a nonsubstantive change is not subject to a comment period; and
  3. a nonsubstantive change does not make changes that affect the application or results of agency action.

Statute defines “substantive change” as a “change in a rule that affects the application or results of agency action” (see Subsection 63G-3-102(19)).  A nonsubstantive change is usually something like a grammatical change, typographical correction, removal of redundant language, or similar changes.

For example:

  1. Removing redundant language (i.e., language that already exists elsewhere in the agency’s rules or statute) is a nonsubstantive change.
  2. Correcting a subject-verb accord (singular subject but plural verb, for example) is a nonsubstantive change.
  3. Changing rule references, statutory references, or other legal references because of other changes in rules or statutes is a nonsubstantive change.
  4. Changing agency names can be a nonsubstantive change, especially if the change is simply making the rule consistent with a statutory change the Legislature has made.

Other changes that might *seem* nonsubstantive are not.  Adding commas to what appears to be an itemized list would not necessarily be a nonsubstantive change.  Here is a classic example:

The panda eats shoots and leaves.

This is a description of a large mammal’s rather monotonous diet.  Watch what happens to the meaning — the substance — of the sentence by the unfortunate introduction of commas where they shouldn’t be:

The panda eats, shoots, and leaves.

Now the large mammal satisfies his hunger, engages in assault with a deadly weapon, and departs the scene of the crime.  The key to determining whether a change is nonsubstantive is always to look at what you want to do, and then ask the question, “Does this affect the application or result of agency action?”  It’s not a question of how much text you add or remove; it’s a question of what happens to the text’s substantive meaning.

Remember:  a change that reduces an obligation is substantive.  Just because you’re making it easier to comply, or reducing the time required to comply, does not change the fact that you are altering a substantive requirement.  Notice and comment rulemaking is required for this type of change.

If you have a question as to whether a change is substantive or nonsubstantive, consult counsel and make certain counsel is aware of the statutory definition of “substantive change” (Subsection 63G-3-102(19)).

Utah Administrative Code Current through April 1, 2014

The Utah Administrative Code, the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules, is current through 04/01/2014.  The Division posted this update on its website on 04/22/2014.  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.