Author Archives: Ken Hansen - Page 2

“Local Ordinance Oversight Amendments” Abandoned by ARRC

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.

 

Reauthorization of Administrative Rules

At its January 12, 2015, meeting, the Legislature’s Administrative Rules Review Committee approved the “Reauthorization of Administrative Rules” bill for filing.  The bill, now numbered as 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.

Section 63G-3-501 creates the administrative rules review committee and outlines its powers and responsibilities.

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 online at http://le.utah.gov/~2015/bills/static/HB0037.html.

Legislators Appointed to Serve on Administrative Rules Review Committee

Utah’s House of Representatives has announced two new appointments to the Legislature’s Administrative Rules Review Committee.  These new appointments fill positions vacated by Rep. Rebecca D. Lockhart and Rep. Richard A. Greenwood.

Representative LaVar Christensen (R, District 32) served in the House from 2003 through 2006, and since 2011.  More information about Rep. Christensen is available on the House web site.

Rep. LaVar Christensen (R), District 32

Rep. LaVar Christensen (R), District 32

 

Representative R. Curtis Webb (R, District 5) served in the House from March 3, 2003 through December 31, 2004, and was reappointed September 17, 2007.  More information about Rep. Webb is available on the House web site.

Rep. R. Curt Webb (R), District 5

Rep. R. Curt Webb (R), District 5

 

Other committee assignments remain unchanged.  These include:

More information about the 2015 Administrative Rules Review Committee is available from the Legislature’s web site.  Additional information, including present and past membership of the committee, is available on the Division of Administrative Rules’ web site.

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.  If you are making major amendments to a rule, you may want to consider filing the review at the same time.  Please do not wait until the due date to file a five-year review.

When filing a “Five-Year Notice of Review and Statement of Continuation,” eRules requires that the agency submit a copy of the rule text (no underlining or strike-out).  Current rule text in RTF format is available from http://www.rules.utah.gov/publicat/code.htm.  You may also contact the Division (801-538-3003 or 801-538-3218) to obtain a current rule.

This list below, current through 11/26/2014, identifies rules due for review during 2015.  If you believe a rule listed below has already been reviewed, or if you believe that other rules require review during 2015, please contact Nancy Lancaster at 801-538-3218.

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Updated Rules Review Agenda for 2014 — List of Rules Due for Five-Year Review During the Remainder of 2014

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 (no underlining or strike-out). Current rule text in RTF format is available from http://www.rules.utah.gov/publicat/code.htm. You may also contact the Division (801-538-3003 or 801-538-3218) to obtain a current version of a rule.

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 11/03/2014 indicating all of the rules that are due for review during the remainder of 2014.

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Proposed Changes to the Rulemaking Act

The Legislature’s Administrative Rules Review Committee (ARRC) is considering amendments to the Utah Administrative Rulemaking Act (Title 63G, Chapter 3).  A draft bill, entitled “Administrative Rules Review Committee Authority” (2015FL-0224/002) was discussed at the ARRC meeting held 10/22/2014. The bill:

  • amends Section 63G-3-102, Definitions, adding a definition for “ordinance”;
  • amends Section 63G-3-501, Administrative Rules Review Committee, making technical corrections; and
  • enacts Section 63G-3-503, Complaint process for ordinances — Committee oversight, expanding the role of the ARRC to include consideration of complaints made to the ARRC regarding political subdivision ordinances.

Following the discussion, the committee directed staff to separate into two different bills the technical changes and the substantive changes.  This issue will be discussed again at a future ARRC meeting.  The next ARRC meeting is tentatively scheduled for Monday, 12/08/2014.

Rulemaking Training Scheduled for 2015

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

  • Wednesday, March 18, 2015;
  • Wednesday, June 3, 2015;
  • 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, please 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.

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, rulemaking required by those bills must be filed by 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 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 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.