Category Archives: Agency Deadlines

Deadlines for Rules Specifically Required by 2013 Legislation

Posted by on April 12, 2013 Comments Off

Of the 524 bills and resolutions passed during the 2013 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.

On 05/14/2013, 392 bills take effect. For these bills, if the Legislature specifically required administrative rulemaking, the agency responsible for the program must initiate rulemaking (file the rule with the Division) by 11/10/2013.  Another 45 bills take 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 — 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.

For example, S.B. 107, Public Shooting Ranges, effective 03/26/2013, provides:

The State Armory Board, any state agency, or institution of higher education that operates or has control of a shooting range shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement procedures for use of the range by the public. (Chapter 155, Laws of Utah 2013)

Rules to implement S.B. 107 must be filed with the Division by 09/22/2013 to meet the statutory deadline.

The Division encourages agency rulewriters to work with their department’s administrative rules coordinator to determine which of the 478 bills that passed direct your agency to engage in rulemaking.  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.

Each agency is best suited to determine if a bill requires the agency to engage in rulemaking.  Questions about Utah’s rulemaking process or the provisions of Subsection 63G-3-301(13) may be directed to Ken Hansen (801-538-3777).

Agency Administrative Rules Coordinators

Posted by on March 27, 2013 Comments Off

Governor Herbert’s 12/06/2011 executive order requires each “cabinet level administrator, or other official of similar responsibility, who answers to the Governor” to designate an administrative rules coordinator. Among other duties, the coordinator must:

  • 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; [and]
  • send a copy of the notice of proposed rule and the rule analysis required by law to the Governor’s Office of Economic Development….

The purpose of the provision to assess legislation is to ensure that each state agency has rules in place to implement new statutory mandates. This compliments the requirement found in Subsection 63G-3-301(13) that requires an agency to file a rule specifically required by legislation within 180-days of the legislation’s effective date.

Regarding the requirement to send a copy of a proposed rule to the Governor’s Office of Economic Development (GOED): the Division of Administrative Rules, the Governor’s Office of Management and Budget (GOMB), and GOED have developed an alternative method to provide GOED notices of proposed rules. This method is intended to remove some of the burden from the coordinators. This method involves GOMB forwarding the notice it receives to as an automatic part of the eRules application to GOED.

The full text of the Governor’s executive order is available online at http://www.rules.utah.gov/execdocs/2011/ExecDoc151876.htm . Section 4 of the order outlines duties of the agency administrative rules coordinator. Questions about the executive order may be referred to Ken Hansen (801-538-3777).

Rules Due for Review in 2013

Posted by on December 20, 2012 Comments Off

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 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 (801-538-3003) 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, the agency could lose its rule because the deadline was missed.

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Legislation Requiring Rulemaking

Posted by on August 17, 2012 Comments Off

Earlier this summer, the Division of Administrative Rules reminded agencies that if the Legislature specifically required administrative rulemaking as part of one of the bills that passed during the General Session, the agency is required to initiate rulemaking (file the rule with the Division) within 180 days of the bills effective date.  For most bills, effective 05/08/2012, that deadline is 11/04/2012.

Today, during the Legislature’s Administrative Rules Review Committee, legislative staff distributed a list entitled, “2012 General Session Legislation Requiring Rulemaking“.  This list identifies 64 bills (roughly 15% of those passed) as bills that specifically require rulemaking.

If an agency finds that it will not make the statutory rule filing deadline, statute requires the agency to “appear before the legislative Administrative Rules Review Committee and provide the reasons for the delay.” (Subsection 63G-3-301(13)(d))

Deadlines for Rules Specifically Required by 2012 Legislation

Posted by on June 18, 2012 Comments Off

Of the 477 bills and resolutions passed during the 2012 General Session, 428 bills have or will become law.  The Utah Administrative Rulemaking Act, at Section 63G-3-302(13), requires agencies to file administrative rules mandated by legislation within 180 days of the bill’s effective date.

On 05/08/2012, 331 bills took effect. For these bills, if the Legislature specifically required administrative rulemaking, the agency responsible for the program must initiate rulemaking (file the rule with the Division) by 11/04/2012.  Another 54 bills take effect on 07/01/2012, for which required rules must be filed by 12/28/2012.  If an agency is unable to make this deadline, the agency needs to contact Mr. Art Hunsaker in the Office of Legislative Research and General Counsel at 801-538-1032, to schedule a time to appear before the Administrative Rules Review Committee to discuss the delay.

Each agency is best suited to determine if a bill requires the agency to engage in rulemaking.  Questions about Utah’s rulemaking process or the provisions of Subsection 63G-3-301(13) may be directed to Ken Hansen (801-538-3777).

Rules Review Agenda 2011 Update — Remaining Rules Awaiting Review

Posted by on September 15, 2011 Comments Off

The Division of Administrative Rules has updated its list of administrative rules due for review in the remaining months of 2011.  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 (the anniversary date).  To comply with the review requirement, the agency must submit a “Five-Year Notice of Review and Statement of Continuation” by the rule’s anniversary 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 (801-538-3764) 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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Time to Change those Business Hours Rules

Posted by on July 15, 2011 Comments Off

Back in 2008, rules from around state government were amended to accommodate “Working 4 Utah” — Governor Huntsman’s initiative to save energy by changing the work week to four ten-hour days.  With the passage of H.B. 328 (2011) and Governor Herbert’s directive to return to five eight-hour days with business hours from 8 AM to 5 PM beginning the first full pay period in September, agencies need to review their business hour rules once again.  Agencies should file any amendments necessary to return to a five-day work week as soon as possible.  Rules filed by 07/15/2011 will appear in the 08/01/2011 issue of the Bulletin and may be made effective on 09/07/2011.

Rulemaking Time Frames Updated

Posted by on June 15, 2011 Comments Off

The Division of Administrative Rules has updated the Rulemaking Time Frames table.  This reference table provides agencies with quick access to the Utah State Bulletin publication schedule and related filing and public comment dates.  The Rulemaking Time Frames table is available online from the Agency Resources page or directly at http://www.rules.utah.gov/agencyresources/timeframes.htm.  A printable (PDF) version is also available at http://www.rules.utah.gov/agencyresources/2011RulemakingTimeFrames.pdf.  If you have questions about the rule filing time frames, please contact Mike Broschinsky (801-538-3003) or Nancy Lancaster (801-538-3218).

Majority of 2011 Legislation Takes Effect May 10, 2011

Posted by on May 10, 2011 Comments Off

Of the 504 bills and resolutions passed during the 2011 General Session, 442 bills have or will become law.  The Utah Administrative Rulemaking Act, at Section 63G-3-302(13), requires agencies to file administrative rules mandated by legislation within 180 days of the bill’s effective date.

On 05/10/2011, 351 bills take effect. For these bills, if the Legislature specifically required administrative rulemaking, the agency responsible for the program must initiate rulemaking (file the rule with the Division) by 11/06/2011.  If an agency is unable to make this deadline, the agency needs to contact Mr. Art Hunsaker in the Office of Legislative Research and General Counsel at 801-538-1032, to schedule a time to appear before the Administrative Rules Review Committee to discuss the delay.

Each agency is best suited to determine if a bill requires the agency to engage in rulemaking.  Questions about Utah’s rulemaking process or the provisions of Subsection 63G-3-301(13) may be directed to Ken Hansen (801-538-3777).

Twenty-nine Bills Go Into Effect Before May 10, 2011

Posted by on April 6, 2011 Comments Off

During the 2011 General Session, the Utah Legislature passed 504 bills and resolutions (see http://le.utah.gov/asp/passedbills/passedbills.asp for the complete list).  Of those, 440 bills were signed by the governor and have or will become law.

As we reminded agencies back on 02/28/2011, statute (Subsection 63G-3-302(13)) requires agencies to file rules mandated by legislation with the Division of Administrative Rules within 180 days of the bill’s effective date.

Twenty-nine of the bills passed this year provide for an effective date earlier than 05/10/2011.  Included below is a list of these bills, with each bill’s effective date, and the date by which rules must be filed *if the bill mandates rulemaking*.

  • HB0003    Current Fiscal Year Supplemental Appropriations.  Effective:  03/29/2011.  If bill requires rulemaking, rules must be filed by:  09/25/2011
  • HB0004    General Obligations Bonds Authorizations.  Effective:  03/30/2011.  If bill requires rulemaking, rules must be filed by:  09/26/2011
  • HB0015    Controlled Substance Database – Licensing Amendments.  Effective:  03/16/2011.  If bill requires rulemaking, rules must be filed by:  09/12/2011
  • HB0023    Controlled Substance Modifications.  Effective:  02/25/2011.  If bill requires rulemaking, rules must be filed by:  08/24/2011
  • HB0041    State Capitol Preservation Board Fee Revisions.  Effective:  02/16/2011.  If bill requires rulemaking, rules must be filed by:  08/15/2011
  • HB0083    Charter School Revolving Account.  Effective:  03/16/2011.  If bill requires rulemaking, rules must be filed by:  09/12/2011
  • HB0228S01    Administrative Rules Reauthorization.  Effective:  05/01/2011.  If bill requires rulemaking, rules must be filed by:  10/28/2011
  • HB0238    Radiology Technologist and Radiology Practical Technician Licensing Act.  Effective:  03/18/2011.  If bill requires rulemaking, rules must be filed by:  09/14/2011
  • HB0265    Motor Vehicle Emissions Amendments.  Effective:  03/16/2011.  If bill requires rulemaking, rules must be filed by:  09/12/2011
  • HB0333S01    Unfair Inducements Related to Insurance Products.  Effective:  03/18/2011.  If bill requires rulemaking, rules must be filed by:  09/14/2011
  • HB0461    Energy Producer States’ Agreement.  Effective:  03/16/2011.  If bill requires rulemaking, rules must be filed by:  09/12/2011
  • HB0475    State Energy Amendments.  Effective:  03/29/2011.  If bill requires rulemaking, rules must be filed by:  09/25/2011
  • SB0004    Current School Year Supplemental Public Education Budget Adjustments.  Effective:  03/29/2011.  If bill requires rulemaking, rules must be filed by:  09/25/2011
  • SB0011S01    Worker Classification Coordinated Enforcement.  Effective:  03/07/2011.  If bill requires rulemaking, rules must be filed by:  09/03/2011
  • SB0030S01    Extension of Recycling Market Development Zone Act and Related Tax Credits.  Effective:  03/30/2011.  If bill requires rulemaking, rules must be filed by:  09/26/2011
  • SB0066S01    Military Leave for an Elected Official of a Political Subdivision.  Effective:  03/16/2011.  If bill requires rulemaking, rules must be filed by:  09/12/2011
  • SB0097    Higher Education Mission Based Funding.  Effective:  03/18/2011.  If bill requires rulemaking, rules must be filed by:  09/14/2011
  • SB0107    Higher Education Success Stipend Program.  Effective:  02/23/2011.  If bill requires rulemaking, rules must be filed by:  08/22/2011
  • SB0113S03    Election District Boundaries.  Effective:  03/18/2011.  If bill requires rulemaking, rules must be filed by:  09/14/2011
  • SB0125S03    Property Tax Exemption Amendments.  Effective:  03/16/2011.  If bill requires rulemaking, rules must be filed by:  09/12/2011
  • SB0145    Utah Educational Savings Plan Amendments.  Effective:  03/16/2011.  If bill requires rulemaking, rules must be filed by:  09/12/2011
  • SB0149    Qualifications for the Executive Director of the Department of Health.  Effective:  03/21/2011.  If bill requires rulemaking, rules must be filed by:  09/17/2011
  • SB0165S02    Election Law Amendments.  Effective:  03/10/2011.  If bill requires rulemaking, rules must be filed by:  09/06/2011
  • SB0221S02    State of Utah Resource Management Plan for Federal Lands.  Effective:  03/16/2011.  If bill requires rulemaking, rules must be filed by:  09/12/2011
  • SB0235S01    Charter School Students’ Participation in Extracurricular Activities.  Effective:  03/30/2011.  If bill requires rulemaking, rules must be filed by:  09/26/2011
  • SB0236S01    Referendum Amendments.  Effective:  03/25/2011.  If bill requires rulemaking, rules must be filed by:  09/21/2011
  • SB0278    Charter School Property Tax Amendments.  Effective:  03/30/2011.  If bill requires rulemaking, rules must be filed by:  09/26/2011
  • SB0293    Military Installation Development Authority and Annexation Amendments.  Effective:  03/22/2011.  If bill requires rulemaking, rules must be filed by:  09/18/2011
  • SB0300    Government Bonding Amendments.  Effective:  03/21/2011.  If bill requires rulemaking, rules must be filed by:  09/17/2011

Each agency is best suited to determine if a bill requires the agency to engage in rulemaking.  Questions about Utah’s rulemaking process may be directed to Ken Hansen (801-538-3777).