Category Archives: Agency Deadlines

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, rules required by those bills are due 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 appear to 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, 801-538-3777.

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.

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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).

Rules Review Agenda for 2014 — List of Rules Due for Five-Year Review during 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 (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 (801-538-3003 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 12/2/2013, the following rules are due for review during 2014.

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Deadlines for Rules Specifically Required by 2013 Legislation

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

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

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

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

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).