Category Archives: Agency Deadlines

Reminder: Rules Required by Legislation are Due 180-Days from Effective Date of Bill

The Rulemaking Act, at Subsection 63G-3-301(13), requires agencies to file rules with the Division of Administrative Rules (initiate rulemaking) within 180 days of a bill’s effective date if the bill “specifically requires” rulemaking (e.g., “… shall make rules…”). Since most bills go into effect on May 12, 2015, rulemaking required by those bills must be filed by November 8, 2015. Rules required by bills that go into effect on July 1, 2015, must be filed by December 28, 2015.

On July 1, 2015, the chairs of the Legislature’s Administrative Rules Review Committee (ARRC), Sen. Howard Stephenson and Rep. Curtis Oda, sent an e-mail through Mr. Art Hunsaker, policy analyst with the Office of Legislative Research and General Counsel, to rulewriting agencies.  In addition to reminding agencies of the deadline for rulemaking, the e-mail provides two lists of bills compiled by legislative staff that identify provisions of bills that require rulemaking — one of bills that appear to require new administrative rules or change or repeal portions of existing rules; and one of bills that may require some redrafting of state agency administrative rules, but due solely to rulemaking grant repeals; in all, 66 bills.

Furthermore, the chairs asked agencies to contact Mr. Hunsaker prior to the applicable statutory deadline regarding compliance, delayed compliance, exemption from compliance, nonapplicability, or noncompliance with this rulemaking deadline as it relates to bills on the lists or other bills.

If you have questions about the rulemaking process or the statutory deadline found at Subsection 63G-3-301(13), please contact the division at 801-538-3764.

Updated Rules Review Agenda for 2015 — List of Rules Due for Five-Year Review During 2015

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. The rule text may not include underlining or strike-out.

Please do not wait until the due date to file a five-year review. If there is a problem filing on that day, you could lose a rule because the deadline was missed.

The Division sends quarterly e-mail notices to agencies of rules due for review. This list below is current through July 23, 2015, indicating all of the rules that are due for review during the remainder of 2015.

Administrative Services

R15. Administrative Rules

  • R15-1, 09/21/2015
  • R15-2, 09/21/2015
  • R15-3, 09/21/2015
  • R15-4, 09/21/2015
  • R15-5, 09/22/2015

R27. Fleet Operations

  • R27-1, 11/29/2015
  • R27-2, 11/29/2015
  • R27-3, 11/29/2015
  • R27-7, 11/29/2015

Agriculture and Food

R51. Administration

  • R51-1, 08/31/2015

R58. Animal Industry

  • R58-12, 08/25/2015
  • R58-13, 08/24/2015
  • R58-15, 08/25/2015

R63. Chemistry Laboratory

  • R63-1, 08/26/2015

R68. Plant Industry

  • R68-6, 08/10/2015

R70. Regulatory Services

  • R70-610, 08/05/2015
  • R70-620, 08/05/2015
  • R70-910, 08/05/2015
  • R70-950, 08/05/2015

Alcoholic Beverage Control

R81. Administration

  • R81-4B, 11/03/2015
  • R81-10A, 11/03/2015

Commerce

R156. Occupational and Professional Licensing

  • R156-50, 12/06/2015
  • R156-55e, 11/08/2015

R162. Real Estate

  • R162-2f, 12/22/2015

Education

R277. Administration

  • R277-100, 11/10/2015
  • R277-444, 09/24/2015
  • R277-611, 11/08/2015
  • R277-616, 11/10/2015

Environmental Quality

R317. Water Quality

  • R317-102, 11/24/2015

Health

R432. Family Health and Preparedness, Licensing

  • R432-100, 12/13/2015
  • R432-101, 12/13/2015
  • R432-102, 12/13/2015
  • R432-103, 12/13/2015
  • R432-104, 12/13/2015
  • R432-105, 12/13/2015
  • R432-106, 12/13/2015
  • R432-500, 12/13/2015
  • R432-550, 12/13/2015
  • R432-600, 12/13/2015

Heritage and Arts

R456. Indian Affairs

  • R456-1, 09/16/2015

R458. Library

  • R458-2, 10/25/2015

Human Services

R501. Administration, Administrative Services, Licensing

  • R501-14, 10/06/2015
  • R501-15, 12/08/2015

Insurance

R590. Administration

  • R590-130, 09/15/2015
  • R590-205, 12/08/2015
  • R590-233, 12/23/2015
  • R590-258, 09/08/2015

R592. Title and Escrow Commission

  • R592-1, 09/15/2015
  • R592-2, 09/15/2015

Money Management Council

R628. Administration

  • R628-4, 10/06/2015
  • R628-11, 10/12/2015
  • R628-12, 11/01/2015
  • R628-13, 11/07/2015
  • R628-16, 11/03/2015

Natural Resources

R651. Parks and Recreation

  • R651-637, 10/26/2015

R657. Wildlife Resources

  • R657-5, 11/01/2015
  • R657-17, 11/01/2015
  • R657-24, 08/26/2015
  • R657-38, 11/01/2015
  • R657-39, 12/13/2015
  • R657-40, 12/13/2015
  • R657-41, 11/01/2015
  • R657-56, 11/01/2015

Public Safety

R698. Administration

  • R698-6, 09/01/2015

Public Service Commission

R746. Administration

  • R746-341, 10/18/2015
  • R746-407, 10/18/2015
  • R746-510, 08/18/2015

Tax Commission

R865. Auditing

  • R865-21U, 10/28/2015

R867. Collections

  • R867-2B, 10/28/2015

Transportation Commission

R940. Administration

  • R940-6, 12/02/2015

Workforce Services

R986. Employment Development

  • R986-100, 09/08/2015
  • R986-200, 09/08/2015
  • R986-300, 09/08/2015
  • R986-400, 09/08/2015
  • R986-500, 09/08/2015
  • R986-600, 09/08/2015
  • R986-700, 09/08/2015
  • R986-800, 09/08/2015
  • R986-900, 09/08/2015

R994. Unemployment Insurance

  • R994-207, 08/24/2015

Please direct questions regarding rules due for review to Nancy Lancaster (801-538-3218).

Updated Rules Review Agenda for 2015 — List of Rules Due for Five-Year Review During 2015

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. The rule text may not include underlining or strike-out.

Please do not wait until the due date to file a five-year review. If there is a problem filing on that day, you could lose a rule because the deadline was missed.

The Division sends quarterly e-mail notices to agencies of rules due for review. This list below is current through March 24, 2015, indicating all of the rules that are due for review during the remainder of 2015.

Read more »

Rules Required by Legislation are Due 180-Days from Effective Date of Bill; Report to GOMB by June 1

The Rulemaking Act, at Subsection 63G-3-301(13), requires agencies to file rules with the Division of Administrative Rules (initiate rulemaking) within 180 days of a bill’s effective date if the bill “specifically requires” rulemaking (e.g., “… shall make rules…”). Since most bills go into effect on May 12, 2015, rulemaking required by those bills must be filed by November 8, 2015. Rules required by bills that go into effect on July 1, 2015, must be filed by December 28, 2015.

Governor Herbert’s Executive Order EO/013/2011 requires agency rules coordinators to assess enacted legislation by June 1 to ensure that new regulatory obligations are identified and met. As part of this review, Cliff Strachan, who reviews rules for the Governor’s Office of Management and Budget, has requested that agencies provide information about: 1) bills that require rules, and 2) a copy of rules filed to implement those bills. This information may be sent directly to Mr. Strachan at cstrachan@utah.gov .

If you have questions about the rulemaking process or the statutory deadline found at Subsection 63G-3-301(13), please contact the Ken Hansen at 801-538-3764.

Rules Review Agenda for 2015 — List of Rules Due for Five-Year Review during 2015

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.  If you are making major amendments to a rule, you may want to consider filing the review at the same time.  Please do not wait until the due date to file a five-year review.

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 rule.

This list below, current through 11/26/2014, identifies rules due for review during 2015.  If you believe a rule listed below has already been reviewed, or if you believe that other rules require review during 2015, please contact Nancy Lancaster at 801-538-3218.

Read more »

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.

Please do not wait until the due date to file a five-year review. If there is a problem filing on that day, you could lose a rule because the deadline was missed.

The Division sends quarterly e-mail notices to agencies of rules due for review. This list below is current through 11/03/2014 indicating all of the rules that are due for review during the remainder of 2014.

Read more »

One Last Reminder — Rules Required by Legislation are Due

The Rulemaking Act, at Utah Code Subsection 63G-3-301(13), requires agencies to file rules with the Division of Administrative Rules (initiate rulemaking) within 180 days of a bill’s effective date if the bill “specifically requires” rulemaking. Since most bills went into effect on May 13, 2014, rulemaking required by those bills must be filed by November 9, 2014.

On September 26, 2014, the chairs of the Legislature’s Administrative Rules Review Committee (ARRC), Sen. Howard Stephenson and Rep. Curtis Oda, distributed a letter to rulewriting agencies. In addition to reminding agencies of the requirement, the letter provides two lists of bills compiled by legislative staff that identify provisions of bills that require rulemaking — one for a bill from the 2013 General Session, and one for bills from the 2014 General Session; in all, 63 bills.

Furthermore, the chairs asked agencies to contact Mr. Art Hunsaker, policy analyst with the Office of Legislative Research and General Counsel, regarding compliance, delayed compliance, exemption from compliance, nonapplicability, or noncompliance with this rulemaking deadline as it relates to bills on the lists or other bills.

If you have questions about the rulemaking process or the statutory deadline found at Utah Code Subsection 63G-3-301(13), please contact the Division of Administrative Rules at 801-538-3764.  If you have questions about the committee’s process or would like to obtain a copy of the letter, please contact Mr. Hunsaker at 801-538-1032.

Deadlines for Rules Specifically Required by 2014 Legislation

Many of the bills passed during the 2014 General Session specifically require agencies to make rules.  The Utah Administrative Rulemaking Act, at Subsection 63G-3-301(13), requires agencies to file administrative rules specifically required by legislation within 180 days of the bill’s effective date.

For bills that take effect on 05/13/2014 that specifically require administrative rulemaking, the agency responsible for the program must initiate rulemaking (file the rule with the Division) by 11/09/2014.  Other bills take effect on 07/01/2014, for which required rules must be filed by 12/28/2014.  Still other bills provided for an effective date other than 05/13/2014 or 07/01/2014.  Rules required by these bills are due 180-days from the effective date of the respective bill.

Agency rulewriters should work with their department’s administrative rules coordinator to identify bills that require rulemaking.  Executive Order EO/013/2011 requires each department’s administrative rules coordinator to “assess enacted legislation by June 1 of each year to ensure that new regulatory obligations are discovered and met in a timely manner by appropriate rulemaking action.”  Statute provides that if an agency is unable to meet the 180-day deadline, the agency must appear before the Administrative Rules Review Committee to discuss the delay.

Questions about Utah’s rulemaking process, the provisions of Subsection 63G-3-301(13), or Executive Order EO/013/2011 may be directed to Ken Hansen, 801-538-3764.

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.

Read more »

One Last Reminder: Deadlines for Rules Specifically Required by 2013 Legislation

Following the 2013 Legislative General Session, 478 bills have or will become law.  The Utah Administrative Rulemaking Act, at Subsection 63G-3-301(13), requires agencies to file administrative rules mandated by legislation within 180 days of the bill’s effective date.

  • In August, Legislative staff sent notice to agency rulewriters and administrators regarding the deadlines.  For the 392 bills that became effective on 05/14/2013, the agency responsible for the program was required to initiate rulemaking (file the rule with the Division) by 11/10/2013.
  • Another 45 bills took effect on 07/01/2013, for which required rules must be filed by 12/28/2013.
  • Please note that 41 bills provided for an effective date other than 05/14/2013 or 07/01/2013 — with some effective prior to 05/14/2013, and others effective after 07/01/2013.  Rules required by these bills are due 180 days from the effective date of the respective bill.

Statute provides that if an agency is unable to meet the 180-day deadline, the agency must appear before the Administrative Rules Review Committee to discuss the delay.  To schedule this appearance, contact Mr. Art Hunsaker at 801-538-1032.

Each agency, in consultation with counsel, is best suited to determine if a bill requires the agency to engage in rulemaking.  Questions about Subsection 63G-3-301(13) may be directed to Ken Hansen (801-538-3777).