Category Archives: Public News

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H.B. 14 provides that after review, if the agency determines that a rule should be repealed, the rule analysis for the repeal must include a statement that the repeal is the result of the agency’s five-year review.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.

Formatting Adjustments to Rules on www.rules.utah.gov

This past spring, the Division received feedback from agencies about the formatting of web pages on which rule text is displayed.  Specifically, agencies indicated that the pages that displayed rule text were too narrow, that the right navigation column provided little value and consumed too much of the page real estate.  In July, the Division modified the page layout for the rule pages in Utah State Bulletin, and the Utah Administrative Code removing the right navigation column.

The Division also was made aware of a problem with the display of information on mobile devices and the display of superscripts and subscripts.  The Division implemented additional formatting changes in October.  The Division’s web site should now provide an appropriate layout when its pages are viewed on a smart phone.  It should also properly display text set as superscript and subscript.

The Division welcomes agency feedback about www.rules.utah.gov .  Visit http://www.rules.utah.gov/contact/index.php to submit comments or suggestions by e-mail.

2014 Rulemaking Legislation

At its 09/16/2013 and 09/30/2013 meetings, the Legislature’s Administrative Rules Review Committee discussed a draft bill entitled, “Administrative Rulemaking Amendments.”  This bill proposes to amend Section 63G-3-305 dealing with the five-year review procedures and the expiration of rules not reviewed.  At its 09/30/2013 meeting, the committee voted to approve the bill as a committee bill.  As of 12/02/2013, the bill has not yet been numbered.  A copy of the 09/30/2013 draft bill (2014FL-0179/10) is available on the Legislature’s web site at http://le.utah.gov/interim/2013/pdf/00003423.pdf.

Questions about this legislation may be directed to Ken Hansen (801-538-3777).

ARRC Meeting 9/30/2013; Revised Draft “Administrative Rulemaking Amendments”

The Utah Legislature’s Administrative Rules Review Committee has scheduled its next meeting for Monday, September 30, 2013, at 9 AM in Room 445 of the State Capitol.  The agenda for the meeting has been posted online at http://le.utah.gov/asp/interim/Commit.asp?Year=2013&Com=SPEADM .

The third item on the agenda is “Draft bill, “Administrative Rulemaking Amendments.”"   This bill proposes to amend Section 63G-3-305 dealing with the five-year review procedures and the expiration of rules not reviewed.

Differing somewhat from the version presented at the September 16 meeting, this version makes additional changes to Subsection 63G-3-305(3), Subsection 63G-3-305(5), and adds an effective date section.  A copy of the draft bill (2014FL-0179/10) has been posted on the Legislature’s web site at http://le.utah.gov/interim/2013/pdf/00003423.pdf .

ARRC Meeting 9/16; Draft Amendments to Rulemaking Act

The Utah Legislature’s Administrative Rules Review Committee has scheduled its next meeting for Monday, September 16, 2013, at 9 AM in Room 30 of the House Building, Capitol Hill.  The agenda for the meeting has been posted online at http://le.utah.gov/asp/interim/Commit.asp?Year=2013&Com=SPEADM .

The fourth item on the agenda is “Draft bill, “Administrative Rulemaking Amendments.”   This bill proposes to amend Section 63G-3-305 dealing with the five-year review procedures and the expiration of rules not reviewed.  A copy of the draft bill has been posted on the Legislature’s web site at http://le.utah.gov/interim/2013/pdf/00003176.pdf .

Utah Receives Colborn Award for eRules Application

Administrative Codes and Registers (ACR), a section of the National Association of Secretaries of State (NASS), has recognized the Utah Division of Administrative Rules as the 2013 Robert J. Colborn, Jr. award winner for its eRules application.  eRules is the application that state agencies use to file administrative rules, and that the Division uses to publish administrative rules information in various formats.

The eRules application improves access to regulatory information, the timeliness of that information, the efficiency of the process and the security of the data.

“I commend Utah’s Division of Administrative Rules for using technology to improve the efficiency and transparency of the regulatory process,” said Utah’s Lieutenant Governor Greg Bell.  “The Division plays an important role in the state’s efforts to make Utah a business and citizen-friendly place to work and live. This well-deserved award recognizes a small but dedicated staff at the Division.”

ACR created the Robert J. Colborn, Jr. Innovation Award in July 2001, in honor of Robert J. Colborn, Jr., who served as the administrator of the Maryland Division of State Documents from 1974 through 2001 and founded ACR.  The Colborn Award annually recognizes a program that demonstrates creativity and innovation in providing public access to, or management of, administrative rules.  It honors a state agency that has made substantial contributions to the flow of information to the public by improving efficiency and delivery of services to citizens, businesses and other governmental entities.

The full press release is available from the NASS news page.  Additional information is available on the ACR site.

Administrative Rules’ Has a New Web Design

On December 21, 2012, the Division of Administrative Rules rolled out a newly designed web site.  This new look is part of a department-wide effort.  Thanks to UII for their design work.

wwwrulesutahgov2012-12-28

Please visit http://www.rules.utah.gov/ and use the “Contact Us” link to provide us with feedback.

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

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.

Minor Changes to Division’s Home Page

On June 15, 2012, the Division of Administrative Rules made minor changes to its home page.  Based on feedback, the Division added links that allow agencies to quickly access frequently used resources directly from the home page.

The Division welcomes feedback about its web site.  Please direct recommendations to Ken Hansen (801-538-3777).

Note on the Passing of Former Administrative Rules Program Manager

It is with sadness that the Division of Administrative Rules notes the passing of Ruth Langheinrich.  Ruth worked for the Utah State Archives for 17 years beginning in November 1967.  During the last several years of her career with Archives, she served as the coordinator of publications which included the State of Utah Bulletin (predecessor to today’s Utah State Bulletin; rulemaking was under the purview of Archives until 1987).

IBM Selectric Composer

IBM Selectric Composer

Around 1978, Ruth oversaw a staff of approximately 6 employees who used IBM Selectric Composers — re-keying much of the information submitted for publication — to produce the twice-monthly Bulletin.  Between 1978 and 1984, Ruth also oversaw the introduction of computers to produce rulemaking publications.  The July 1, 1984, issue of the Bulletin was the last issue for which Ruth was responsible.

Ruth was loyal, dedicated, and personally vested in producing accurate publications for the the citizens of Utah.  Her friendly disposition, kind smile, and gentle German accent made her a pleasure to know.  Ruth’s efforts, and those of her staff, made Utah’s administrative rules accessible.  Thank you, Ruth, for your efforts on behalf of Utah’s citizens.

Ruth Langheinrich’s obituary was published on April 3, 2012 and is available online at http://www.legacy.com/obituaries/saltlaketribune/obituary.aspx?n=ruth-langheinrich&pid=156837152&fhid=4563 .

Ruth Langheinrich

Ruth Langheinrich

Source notes:  Picture of IBM Selectric Composer downloaded from http://ibmcomposer.org/joomla/index.php?option=com_content&view=article&id=47&Itemid=62, accessed 4/4/2012.  Ruth’s picture downloaded from the obituary, accessed 4/4/2012.