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.
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.
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.
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:
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.
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, 801-538-3764.
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:
Section 1 of the bill makes technical changes to Section 63G-3-501; and
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.
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.
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.
Other committee assignments remain unchanged. These include:
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.
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.
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.