Category Archives: Administrative Law

The Good, the Bad, and the Ugly of Administrative Rules

Posted by on October 3, 2012 Comments Off

The Utah State Bar Administrative Law Section is hosting a lunch to discuss Utah administrative rules.  The title for this event is “Administrative Rules: The Good, the Bad, and the Ugly”.

  • Date:  Thursday, October 11, 2012
  • Time:  12:00pm – 1:15pm
  • Location:  Utah State Bar, 645 South 200 East, Salt Lake City, Utah 84111
  • Presenters:  Kenneth A. Hansen, Director, Utah Division of Administrative Rules; Rep. Brian S. King, Attorney, Minority Assistant Whip, Utah House of Representatives; and Peter Stirba, Attorney, Stirba & Associates
  • Cost:  Free for Section Members; $15 for all others.  Lunch will be provided.
  • CLE Credit(s):  1 Hour.

Those wishing to attend MUST register in advance. Register ONLINE, by email to sections@utahbar.org, or by fax at 801-531-0660 by October 8th. Please include your name and bar number on all registrations.

UPDATE 4/10/2013:  The Utah State Bar has redesigned its website.  It appears that all of the section pages have been removed.

2010 Model State Administrative Procedure Act

Posted by on October 19, 2010 Comments Off

Back on July 28, 2010, we notified readers that the National Conference of Commissioner on Uniform State Laws (NCCUSL) had approved a new Model State Administrative Procedure Act.  Now, NCCUSL has posted the final version of the 2010 Model State Administrative Procedure Act (MSAPA) on the web at http://www.law.upenn.edu/bll/archives/ulc/msapa/2010_final.htm.  NCCUSL adopted the revised MSAPA, subject to style changes, at its 2010 summer meeting.  The final version was posted on October 18, 2010.

Update 7/30/2012:  UPenn has changed web addresses.  The link to the 2010 final MSAPA is no longer valid.

NCCUSL Approves New Model State Administrative Procedure Act

Posted by on July 28, 2010 Comments Off

At its annual meeting held July 9 through 16, 2010, in Chicago, Illinois, the National Conference Commissioners On Uniform State Laws (NCCUSL) approved and recommended a new Model State Administrative Procedure Act (MSAPA).  This action represents the culmination of more than six years of effort.  The text of the 2010 MSAPA replaces the 1981 MSAPA.

The new text has not yet been posted on the NCCUSL web site.  The approved MSAPA is subject to revision by the Style Committee.  The Style Committee meets in September.

Everything You Ever Wanted to Know About Researching Administrative Rules

Posted by on March 9, 2009 Comments Off

The staff at the Utah State Law Library has published a guide to researching Utah administrative rules.   “Researching Utah Administrative Law” appears in the March/April 2009 Utah Bar Journal (Vol. 22, No. 2).

The Utah Bar Journal (http://www.utahbarjournal.com/) is available online.  A PDF version of the Journal can be found at http://www.utahbar.org/barjournal/pdf/2009_march_april.pdf.  The article begins on page 39 of the PDF document.  An HTML version of the article is available at http://webster.utahbar.org/barjournal/2009/03/researching_utah_administrative_law.html.

The Division commends the efforts of Jessica Van Buren, Director, and Mari Cheney, reference librarian, at the Utah State Law Library.

UPDATE 4/10/2013: The Utah Bar has redesigned its website.  The links listed above are now invalid.  An HTML version of the article is now available at http://www.utahbar.org/utah-bar-journal/article/researching-utah-administrative-law/.

H.B. 32 Passed; Amends Subsection 63G-3-201(5)

Posted by on March 5, 2009 Comments Off

H.B. 32 — amending provisions of statute in the Commerce, Health, Insurance, and Natural Resources titles of the code that provided a criminal penalty for violating rules — has passed.  Prior to passage, H.B. 32 was amended to include changes to Subsection 63G-3-201(5) of the Rulemaking Act.

Subsection (5) formerly required that, “[a] rule shall enumerate any penalty authorized by statute that may result from its violation.”  Now, Subsection (5) provides:

(5) (a) A rule shall enumerate any penalty authorized by statute that may result from its violation , subject to Subsections (5)(b) and (c).
(b) A violation of a rule may not be subject to the criminal penalty of a class C misdemeanor or greater offense, except as provided under Subsection (5)(c).
(c) A violation of a rule may be subject to a class C or greater criminal penalty under Subsection (5)(a) when:
(i) authorized by a specific state statute;
(ii) a state law and programs under that law are established in order for the state to obtain or maintain primacy over a federal program; or
(iii) state civil or criminal penalties established by state statute regarding the program are equivalent to or less than corresponding federal civil or criminal penalties.

In short, each agency is still required “to enumerate any penalty authorized by statute that may result from its violation”.  These penalties may be criminal or civil.

More information about H.B. 32 is available on the Legislature’s web site at http://le.utah.gov/~2009/htmdoc/hbillhtm/hb0032.htm.

Invitation to Particpation in the Model State Administrative Procedure Act Revision Process

Posted by on December 29, 2007 Comments Off

For three years, the Division of Administrative Rules has been monitoring the National Conference of Commissioners on Uniform State Laws process for revising the Model State Administrative Procedures Act. That process is scheduled to be complete by Summer 2009.

The following notice is provided by Commissioner Francis J. Pavetti, Chair of the National Conference of Commissioners on Uniform State Laws Model State Administrative Procedure Act Drafting Committee.

The National Conference of Commissioners on Uniform State Laws (NCCUSL) is revising its Model State Administrative Procedure Act (MSAPA). NCCUSL invites organizations and individuals interested in state administrative agency processes to participate in this effort.

NCCUSL is a 117 year old national organization of lawyers, judges and law professors who are appointed to represent their states in drafting and seeking enactment of uniform laws to facilitate commerce and certainty in the law among the states. For more information about NCCUSL, visit http://www.nccusl.org/.

The goal of the MSAPA drafting committee is to make the administrative process more efficient, accessible and fair. The most recent draft of MSAPA is available at http://www.nccusl.org/Update/CommitteeSearchResults.aspx?committee=234. The drafting process will not be completed until the spring of 2009. The MSAPA drafting committee invites interested parties to attend committee meetings as an observer and make comments and suggestions at the meetings or by submitting them in writing. To become an observer, please contact Ms. Leang Sou at NCCUSL at (312) 915-0488 or at leang.sou@nccusl.org . Submit written comments about the MSAPA to Commissioner Francis J. Pavetti, 18 The Strand, Goshen Point, Waterford, CT 06385.

Utah agencies who have questions about the MSAPA may contact Ken Hansen (801-538-3777).

ABA Admin. Law Section’s Mid-Winter Meeting Program Available

Posted by on January 6, 2005 Comments Off

The Administrative Law and Regulatory Practice Section of the American Bar Association has announced its program for the Bar’s mid-winter meeting. The Section has scheduled sessions for February 10 through 13, 2005, in Salt Lake City. A PDF version of the program is available for download at http://www.abanet.org/adminlaw/ .

Mid-Year ABA Conference to be Held in Salt Lake; Administrative Law Sessions Planned

Posted by on December 13, 2004 Comments Off

The American Bar Association is holding its mid-year meeting in Salt Lake City, February 9 through 15, 2005. The Administrative Law and Regulatory Practice Section (http://www.abanet.org/adminlaw/) is planning a set of sessions to be held February 11 through 13 that focus on administrative law issues, including:

  • Clean Air Initiatives in the 109th Congress
  • The New Wave of Regulation and Administrative Law in the European Union
  • The Utah Administrative Procedures Act: What Hath the Courts and the Legislature Subsequently Wrought?
  • Rulemaking vs. ‘Guidance’: Practical Implications for Agencies, Regulated Parties, and the Public
  • Informal Notice and Comment Rulemaking in Interstate Compacts

Registration and program information will be available from http://www.abanet.org/adminlaw/. Gary Thorup (Holme Roberts and Owen LLP) and Kent Bishop (Governor’s Office of Planning and Budget) are the Administrative Law and Regulatory Practice Section’s meeting co-chairs.

Committee Created to Revise the Model State Administrative Procedure Act

Posted by on July 24, 2004 Comments Off

The National Conference of Commissioners on Uniform State Laws (NCCUSL) has created a committee to discuss revisions to the Model State Administrative Procedures Act (MSAPA). Professor John Gedid, professor of law at Widener University in Harrisburg, PA, has been assigned as the committee reporter (chair).

On July 18, Professor Gedid spoke to the Administrative Codes and Registers (ACR) summer conference in New Orleans. He indicated that one of the primary efforts of the revision committee is to make a new MSAPA from which states may borrow pieces and parts without having to adopt the entire model act.

The next meeting of the Committee to Revise Model State Administrative Procedures Act, is slated for November 12-14, 2004, in Philadelphia, PA. Call the NCCUSL office at 312-915-0195 for more information.