The Division of Administrative Rules is changing the format for its training announced for December 19. Staff will focus the morning session (9 a.m. to noon) on completing the rule analysis form. The afternoon session (1:30 to 3:30 p.m.) will be centered on preparing rule text.
This format change is based on a review of correction notices sent back to agencies. It appears that some agencies find the forms particularly challenging, but not the text. Others find the opposite to be true. Agency rule filers may attend the morning session, afternoon session, or both.
Seating is limited. Those wishing to attend must RSVP to Sophia Manousakis at smanousa “at” utah.gov no later than 5:00 p.m. on December 14. In compliance with the Americans with Disabilities Act, persons needing auxiliary communicative aids and services for these meetings should notify Ms. Manousakis when they register and at least three working days in advance of the meeting.
As always, the Division staff is available to provide specific, one-on-one training to any state agency. To schedule this training, please contact Ken Hansen (801-538-3777).
The Division of Administrative Rules has filed amendments to two of its rules — Rule R15-2 and Rule R15-4 — to make them consistent with the Utah Administrative Rulemaking Act as amended by H.B. 316 (2006), and to clarify specific issues.
With filing No. 29188, the Division is making Rule R15-2 conform to Section 63-46a-12, and is making other changes for clarification. At Section R15-2-2, the Division is adding a new definition for “petitioner.” At Section R15-2-3, the Division is restating the sentence in active voice to clarify who must act. At Section R15-2-4, the Division is clarifying the information a petitioner must provide. At Section R15-2-5, the Division replaces language referring to the old time frame provided by Section 63-46a-12 with a reference to the statute.
With filing No. 29189, the Division is changing Sections R15-4-2, R15-4-4, and R15-4-5. At Section R15-4-2, the Division is adding a new definition for “eRules.” At Section R15-4-4, the Division is removing unnecessary language and is clarifying the scope of the section in its application to counting 30 days for the purposes of Sections 63-46a-4 and 63-46a-6. At Section R15-4-5, the Division is separating provisions addressing Notices of Effective Date for Proposed Rules (now Section R15-4-5a) and Notices of Effective Date for Changes in Proposed Rules (now Section R15-4-5b). The Division is adding language clarifying when the earliest effective date after the close of comment may be. It is also adding language indicating the mechanism by which an agency may formally extend the comment period and clarifying when the earliest effective date may be after the close of extended comment. At Section R15-4-5b, the Division is adding new language requiring that a Change in Proposed Rule for which an agency designates a public comment period must be followed with the seven-day comment consideration period required for a Proposed Rule.
The full text of these proposed amendments will appear in the November 15, 2006, edition of the Utah State Bulletin. Questions regarding these filings may be directed to Ken Hansen (801-538-3764 or khansen “at” utah.gov).
On November 3, 2006, Governor Jon M. Huntsman, Jr. announced the appointment of Kim Hood as Executive Director of the Department of Administrative Services. As Executive Director, she will oversee divisions of state government, including the Division of Administrative Rules, that share the common function of providing service to other government agencies. Ms. Hood replaces Mr. Richard Ellis who has accepted the position of Chief Deputy State Treasurer. More information is available from the Governor’s Office at http://www.utah.gov/governor/news/2006/news_11_03_06.html. The Division expresses its gratitude to Mr. Ellis for his support and leadership. The Division welcomes Ms. Hood.
