Author Archives: Ken Hansen

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.

“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.

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.

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.

H.B. 109 (2015) Creates General Grant of Rulemaking Authority

H.B. 109 (2015), Expungement of Administrative Action, creates a general grant of rulemaking authority.   Any agency empowered to take disciplinary action against a person would need to establish a rule to govern the administrative expungement process.

The bill amends the Utah Administrative Procedures Act and establishes a process for administrative expungements that “prevent public access, including through a website or other electronic means, to agency records regarding the agency’s disciplinary action against an eligible petitioner.”  At lines 502 through 512, the bill provides that an agency establish a form by rule for applications for an administrative expungement.

Information about H.B. 109 is available online at http://le.utah.gov/~2015/bills/static/HB0109.html.

HB 37 Substituted; Favorable Recommendation from House Committee

On Monday, February 2, 2015, H.B. 37, Reauthorization of Administrative Rules, was heard before the House Business and Labor Standing Committee.  Rep. Oda presented a substitute bill to corrected an error identified in the original bill.  H.B. 37 is now on the House 3rd Reading Calendar.

Since at least 1985, the Division of Administrative Rules has assumed the responsibility of providing copies of rules to the Legislature’s Administrative Rules Review Committee under ambiguous language that provided “Each agency rule … shall be submitted to the committee at the same time public notice is given…” (See Subsection 63G-3-501(2)).  H.B. 37 as originally introduced would have made each rulemaking agency, not the Division of Administrative Rules, responsible for providing a copy of each rule to the Administrative Rules Review Committee.  The substitute bill clearly makes it the Division’s responsibility to provide the Utah State Bulletin to the Committee.

As reported earlier regarding the original bill, 1st Substitute H.B. 37 does two things:

  1. Section 1 of the bill makes technical changes to Section 63G-3-501; and
  2. Section 2 of the bill reauthorizes all administrative rules.

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 1st Substitute H.B. 37 is available online at http://le.utah.gov/~2015/bills/static/HB0037.html.