Archive for the ‘Oversight and Review’ Category
November 9th, 2009
Staff to the Legislature’s Administrative Rules Review Committee distributed an e-mail on Friday, November 6, 2009 that contained the following:
In its November 24 meeting, the Legislature’s Administrative Rules Review Committee will discuss the use of “liberally construed” in both administrative rule and statute.
The discussion will focus on the purpose served by the phrase, under what circumstances it may be acceptable to continue using the phrase, and whether some or all uses of the phrase should continue or be repealed. If you have interest in this issue, you are invited to participate in the discussion.
Whether or not your agency’s rules or statutes use “liberally construed,” you are welcome to attend and participate.
With this e-mail, staff provided two documents that detail the use of the phrase “liberally construed” in statute and rule. Staff provided the following clarification in the e-mail: “Please note that the uses of this phrase in interstate compacts are not included. Uses of the phrase related to local governments, however, are included for purposes of this discussion.”
Questions may be directed to Mr. Art Hunsaker at 801-538-1032.
May 13th, 2009
Appointments to Utah’s Legislative Administrative Rules Review Committee for 2009 have been finalized.
- Representative Curtis Oda has been appointed has House Co-Chair replacing Representative Ben C. Ferry.
- Representative Rebecca Lockhart replaces Representative Kory Holdaway.
- Senator Brent Goodfellow replaces Senator Mike Dmitrich.
The Division of Administrative Rules expresses its gratitude for the service rendered by Representatives Ferry and Holdaway, and Senator Dmitrich; and welcomes the new members of the Committee.
More information about the Administrative Rules Review Committee is available from the Division at http://www.rules.utah.gov/arrc.htm or on the Legislature’s site at http://www.le.utah.gov/asp/interim/Commit.asp?Year=2009&Com=SPEADM.
February 11th, 2009
The House of Representatives passed S.B. 88, “Administrative Rulemaking Act Amendments.” S.B. 88 amends Subsection 63G-3-301(13) . In response to legislation that specifically requires rulemaking, an agency may provide a copy of an existing rule that meets the requirement to the Administrative Rules Review Committee instead of appearing before the committee.
More information about S.B. 88 is available on the Legislature’s web site at http://le.utah.gov/~2009/htmdoc/sbillhtm/sb0088.htm.
January 24th, 2007
Rep. Ben C. Ferry, Republican from District 2, has been assigned as the House chair of the Legislature’s Administrative Rules Review Committee. Rep. Ferry has served in the House since 1999. He replaces Rep. David Ure. More information about Rep. Ferry is available online at http://le.utah.gov/house/members2005/bios2005.asp?id=2. The Division welcomes Rep. Ferry to the Administrative Rules Review Committee.
April 11th, 2006
At its meeting on April 11, 2006, the Legislature’s Administrative Rules Review Committee asked staff to prepare a review of the Department of Transportation’s existing rules. This marks the first time since 1993 that the committee has embarked on a review of an agency’s existing rules.
In 1989, under the direction of Chairpersons Sen. LeRay L. McAllister and Rep. Byron L. Harward, the ARRC began an ambitious project to review all effective rules from all agencies. That project took five years to complete.
July 11th, 2005
At its July 11th meeting, the Legislature’s Administrative Rules Review Committee unanimously supported a motion that the committee open a bill file to amend the rulemaking act in two areas. First, the committee will address the length of time an agency has to respond to a rulemaking petition and what it means to “initiate” rulemaking (see Section 63-46a-12). Second, the committee will address the practice of making a rule effective the day after the comment period closes. Concern was expressed that some public comment is not being adequately considered before agencies are making rules effective. Specific provisions were not discussed in today’s meeting.
Another issue, concerning criminal penalties for violating provisions of rule, was addressed. After a discussion of two Forestry, Fire, and State Lands rules, Sen. Stephenson directed staff to research provisions of statute that provide for a criminal penalty for violation of rules. From the discussion, it sounded as though it was the committee’s preference was to eliminate such provisions and address the specific issues in statute.
These issues will be discussed in a future meeting. The Administrative Rules Review Committee meeting agendas are posted at http://le.utah.gov/asp/interim/Commit.asp?Year=2005&Com=SPEADM . Future meetings have been tentative scheduled for: July 26 at 9:00 a.m.; August 9 at 8:30 a.m.; and August 23 at 9:00 a.m.
