When filing text for a five-year review, the text may not reflect amendments that are not yet effective. It must match the text on file with the division. Five-year review text that includes underlining or strikeout will be returned for correction. The Division of Administrative Rules will change the “Notice of Continuation” date when the five-year review is codified.

The only formatting allowed in filed text is bold, tabs (except for in tables–these can only be spaced), underline, and strike-through. No other codes (italics, indents, outlining, tables) are allowed. Rule text may also not include styles, line numbering, page numbering, and headers or footers.

These formatting requirements are not new. In the past, the Division has tried to fix minor formatting problems so that rules could be published on time. Now, with only one editor available to prepare rules for publication, the division’s resources are at a premium. Rule text will be returned to the agency for correction.

Call Nancy Lancaster (801-538-3218) if you have rule formatting questions.

The Division recently sponsored rulewriting training sessions among most state agencies. Since that training, we have returned several rule filings as incomplete and received the response, “but that is how we were told to do it!” Our most humble apologies.

When you file a rule affecting just one section, you must include the following for the rule to be correctly formatted:

At the beginning of the rule text, include the title catchline, the rule catchline, and the section catchline — for example:

R15. Administrative Services, Administrative Rules.
R15-4. Administrative Rulemaking Procedures.
R15-4-3. Publication Dates and Deadlines.

Include the complete text for the section affected. Single or selected paragraphs of the entire section will be returned for correction.

At the end of the rule text, include key words, date of enactment or last substantive amendment, and statutory citations, for example:

KEY: administrative law
Date of Enactment or Last Substantive Amendment: July 1, 1998
Notice of Continuation: September 29, 2005
Authorizing, and Implemented or Interpreted Law: 63-46a-10

Please contact Nancy Lancaster (801-538-3218) if you have questions.

The 12th edition of the “Rulewriting Manual for Utah” is available online. You may browse the HTML version at http://www.rules.utah.gov/agencyresources/manual-rw/index.html. You may download and print the PDF version from http://www.rules.utah.gov/agencyresources/manual-rulewriter.pdf.

This version of the rulewriting manual is geared toward the rulewriter. As such, it contains only the style guide and material dealing with the practical aspects of the process (e.g., how to answer obnoxious but required questions on the rule analysis).

As you use the manual, please feel free to inform us of anything that you would like to see included, anything that seems to be amiss or unclear. To do this, please send an email message to “Administrative Rules” (in your GroupWise address book) or rules@utah.gov with the word “Manual” in the subject line.

Questions regarding the manual or suggestions for improvements or additions should be directed to Mike Broschinsky (801-538-3003).

The editors at the Division of Administrative Rules offer the following recommendations to agencies when they file rules.

1. Always obtain an “rtf” version of the rule text from the Division before you start to prepare an amendment or a repeal.
2. All changes to the text must be marked: added text must be underlined; deleted text must be surrounded by brackets and must be struck out.
3. Cross check all dates you enter on the form with the “Rulemaking Time Frames” schedule before you click the submit button.
4. The authorization date at the end of the form may not be a date after the date the rule filing is submitted.
5. Effective dates may not be retroactive.
6. If you aren’t certain about something, please call Nancy at 801-538-3218 or Mike at 801-538-3003.

Thanks!

When an agency prepares a rule for amendment, additions must be underlined and deletions must be struck out and surrounded by brackets. Recently, an agency attempted to use a Microsoft Word formatting feature called “word underline”. This feature uses different codes to mark the text, and is therefore treated differently.

In order to assure that the rule text you prepare turns out the way you intend, please use the standard underlining feature only when you are preparing additions to rule text. If you have questions, please contact Mike Broschinsky (801-538-3003).