RulesNews

At the 07/14/2009 meeting of the Administrative Rules Review Committee, legislative staff presented a list of legislation that passed during the 2009 General Session that provides “additional rulemaking grants to state agencies.”  This list identifies 60 bills.

Under the provisions of Subsection 63G-3-301(13), when a bill passes that explicitly mandates rulemaking, the affected agency is required to initiate rulemaking within 180-days of the bill’s effective date.  In other words:

• For bills effective 05/12/2009, corresponding rules must be filed with the Division of Administrative Rules by 11/08/2009.
• For bills effective 07/01/2009, corresponding rules must be filed with the Division of Administrative Rules by 12/28/2009.

If an agency is unable to make the deadline set in Subsection 63G-3-301(13), the agency needs to contact Mr. Art Hunsaker, in the Office of Legislative Research and General Counsel at 801-538-1032, to schedule a meeting to discuss the delay with the Administrative Rules Review Committee.  Agencies may also contact Mr. Hunsaker if they have questions about the bills that appear on the list (included below).

Questions about the provisions of Subsection 63G-3-301(13)  may be directed to Ken Hansen at 801-538-3777.

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An agency that needs to rules in place by July 1 this year must file those rules with the Division of Administrative Rules by May 1.  Rules filed between April 16 and May 1 at 11:59 PM will be published in the May 15 issue of the Utah State Bulletin.  The minimum public comment period must run through June 15, with the comment consideration period ending on June 22.  The agency can then submit a Notice of Effective Date for a July 1 effective date (provided the Notice is received by July 1).

The filing time frames are posted on the Division’s web site.  Questions regarding the filing time frames may be directed to 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” for each of its rules listed below. Otherwise, unreviewed rules will expire, become unenforceable, and will be 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 a copy of the rule text (no underlining or strike-out) be attached.  Current rule text in RTF format is available from http://www.rules.utah.gov/publicat/code.htm.  You may also contact the Division (801-538-3764) 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.

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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” for each of its rules listed below. Otherwise, unreviewed rules will expire, become unenforceable, and will be 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 a copy of the rule text (no underlining or strike-out) be attached.  Current rule text in RTF format is available from http://www.rules.utah.gov/publicat/code.htm.  You may also contact Nancy Lancaster (801-538-3218) or Mike Broschinsky (801-538-3003) to obtain a current version of your 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.

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This year, the deadline for agencies to initiate rulemaking explicitly mandated by a bill that went into effect on May 5, 2008, is November 1, 2008.  The deadline for agencies to initiate rulemaking explicitly mandated by a bill that went into effect on July 1, 2008, is December 28, 2008. (Utah Code Subsection 63G-3-301(13); Utah Administrative Code Section R15-3-5)

Subsection 63G-3-301(13)(c) provides that an agency unable to comply with this filing requirement must “appear before the legislative Administrative Rules Review Committee and provide reasons for the delay.”  If your agency will not be able to comply with the filing requirement, contact Art Hunsaker, staff to the Administrative Rules Review Committee, at 801-538-1032.

Section 63-46a-9 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” for each of its rules listed below. Otherwise, unreviewed rules will expire, become unenforceable, and will be 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 a copy of the rule text (no underlining or strike-out) be attached. Current rule text in RTF format is available from http://www.rules.utah.gov/publicat/code.htm. You may also contact Nancy Lancaster (801-538-3218) or Mike Broschinsky (801-538-3003) to obtain a current version of your 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 04/09/2008, the following rules are due for review before the end of 2008.

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