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Legislation Affecting Administrative Rulemaking

During the 2014 General Session, the Legislature passed the following bills that affect rulemaking.

H.B. 14, Administrative Rulemaking Amendments (Rep. C. Oda)

H.B. 14, entitled “Administrative Rulemaking Amendments”, passed and now awaits the Governor’s action.  H.B. 14 amends Section 63G-3-305, which deals with the five-year review requirement.

H.B. 14 provides that after review, if the agency determines that a rule should be repealed, the rule analysis for the repeal must include a statement that the repeal is the result of the agency’s five-year review.  The Division is required to make reasonable effort to notify the agency that a rule is due for review at least 180 days before the review deadline.  The statute allows an agency to file one 120-day extension if it finds that it will not be able to meet the review deadline.  Most significantly, if an agency does not comply with the requirement to file the review and does not file an extension, the rule *automatically* expires on the day immediately after the date of the missed deadline.  After a rule expires, the division is then required to publish a notice that the rule has expired and is no longer enforceable, remove the rule from the code, and notify the agency that the rule has expired.

If signed by the Governor, H.B. 14 takes effect on July 1, 2014.  Questions about H.B. 14 and the five-year review process may be directed to Ken Hansen, 801-538-3777.  Additional information about H.B. 14 is available on the Legislature’s web site at http://le.utah.gov/~2014/bills/static/hb0014.html.

S.B. 35, Administrative Rules Reauthorization (Sen. H. Stephenson)

S.B. 35, entitled “Administrative Rules Reauthorization”, passed and now awaits the Governor’s action.  S.B. 35 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 2 of the bill, S.B. 35 takes effect on May 1, 2014.

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 S.B. 35 is available on the Legislature’s web site at http://le.utah.gov/~2014/bills/static/sb0035.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.

UPDATE 3/28/2014:  Governor Herbert has signed S.B. 35 and H.B. 14.

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.

We strongly encourage agencies not to wait until the due date to file a five-year review.  If there is a problem filing on that day, agencies could lose rules because the deadline was missed.

The Division sends quarterly e-mail notices to agencies of rules due for review.  As of 03/20/2014, the following rules are due for review during the remainder of 2014.

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SB 35 (2014), Rules Reauthorization, Passes

With about 2 hours and 20 minutes left in the 2014 General Session, the Utah House of Representatives passed S.B. 35, Administrative Rules Reauthorization.  This year, the bill reauthorizes all administrative rules.  This bill is required by Subsection 63G-3-502(3).

More information about the bill is available online at http://le.utah.gov/~2014/bills/static/sb0035.html.  Questions may be referred to Ken Hansen, 801-538-3777.

Utah Administrative Code Current through March 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 03/01/2014.  The Division posted this update on its website on 03/10/2014.  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.

H.B. 14 (2014) Passes

H.B. 14 (2014), “Administrative Rulemaking Amendments” amending Section 63G-3-305, passed the Senate.  It now goes to the Governor for his signature.

More information about H.B. 14 is available on the Legislature’s website at http://le.utah.gov/~2014/bills/static/hb0014.html.  Questions about the bill may be directed to Ken Hansen, 801-538-3777.

H.B. 14 (2014) Receives Favorable Recommendation; Moves to Full Senate

On February 12, 2014, the Utah Senate Government Operations and Political Subdivisions Committee gave a favorable recommendation to H.B. 14 (2014).  The bill, entitled “Administrative Rulemaking Amendments” is an Administrative Rules Review Committee bill that amends Section 63G-3-305.  The bill now moves to the full Senate.

More information about H.B. 14 is available on the Legislature’s website at http://le.utah.gov/~2014/bills/static/hb0014.html.  Questions about the bill may be directed to Ken Hansen, 801-538-3777.

H.B. 14 (2014), Administrative Rulemaking Amendments, Passes House

On February 3, 2014, the Utah House passed H.B. 14 (2014).  The bill, entitled “Administrative Rulemaking Amendments” is an Administrative Rules Review Committee bill that amends Section 63G-3-305.  The bill is now in the Senate Rules committee.

More information about H.B. 14 is available on the Legislature’s website at http://le.utah.gov/~2014/bills/static/hb0014.html.  Questions about the bill may be directed to Ken Hansen, 801-538-3777.

Utah Administrative Code Current through February 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 02/01/2014.  The Division posted this update on its website on 02/04/2014.  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.

S.B. 35 (2014), Reauthorization Bill, Passes Senate

On January 28, 2014, the Utah Senate passed S.B. 35 (2014).  In his comments on the Senate floor, Sen. Stephenson indicated that it was his understanding that the bill will be held in the House until the later part of the session.

More information about S.B. 35 is available on the Legislature’s website at http://le.utah.gov/~2014/bills/static/sb0035.html.  Questions about the reauthorization process may be directed to Ken Hansen, 801-538-3777.

S.B. 35 (2014), Administrative Rules Reauthorization

Utah Code Section 63G-3-502 requires the Legislature’s Administrative Rules Review Committee to prepare omnibus legislation each year to reauthorize administrative rules.   At its first meeting of 2014, held on January 20, members of the Administrative Rules Review Committee approved “Administrative Rules Reauthorization.”  The bill, now numbered as S.B. 35, reauthorizes all administrative rules.

Questions about the reauthorization process may be directed to Ken Hansen, 801-538-3777. Additional information about S.B. 35 is available on the Legislature’s web site at http://le.utah.gov/~2014/bills/static/SB0035.html.