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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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 firstname.lastname@example.org . To ensure that you continue to receive the Digest, please add email@example.com 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 firstname.lastname@example.org .
To subscribe or unsubscribe to any of the Division’s mailing lists, send an e-mail to email@example.com and specify the list to which you wish to subscribe or unsubscribe.
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 firstname.lastname@example.org .
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.
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
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), 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.
Rebecca D. Lockhart, who represented District 64 from 1999 through 2014 in the Utah House of Representatives, and who served as Speaker of the House from January 2011 through December 2014, passed away on January 17, 2015. Rep. Lockhart served on the Legislature’s Administrative Rules Review Committee from June 2009 through December 2014. The Division of Administrative Rules gratefully acknowledges and remembers her years of service to the state of Utah and its citizens.
Rep. Rebecca D. Lockhart
Back in October 2014, the Division reported on draft legislation being considered by the Legislature’s Administrative Rules Review Committee (ARRC). At its December meeting, the Committee changed the name of the bill to “Local Ordinance Oversight Amendments” and separated out technical changes to Section 63G-3-501. This bill would have expanded the role of the Administrative Rules Review Committee to hear citizen complaints about local government enforcement of state laws.
At its January 20 meeting, the Division was informed that the Committee would abandoned the legislation. Questions about this legislation may be directed to Ken Hansen, 801-538-3777.