Section 63-46a-9 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 will 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 Nancy Lancaster (801-538-3218) or Mike Broschinsky (801-538-3003) to obtain a current version of your 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 06/12/2007, the following rules are due for review before the end of 2007.
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Please send e-mails regarding rules to rules “at” utah.gov (or “Administrative Rules” in the GroupWise address book). Staff constantly monitors this mailbox. Sending rules-related e-mail to the Administrative Rules mailbox will prevent delays that may occur if a staff member is out of the office for an extended period. Thanks!
Question: Who checks the statutory citations in your rules? Answer: You (the agency rule filer) do. While staff at the Division of Administrative Rules checks that you have provided references to the statute, we do not verify that you have provided the correct citation.
Stop! Read this! Rule text that is over 60 kilobytes (roughly four pages) in size has a high probability of crashing eRules. Check the size of the file (you can do this by navigating to the file using My Computer in Windows, selecting it, and viewing the file details).
For large text, follow this procedure: 1) create a file containing the words “This is a placeholder for the text for RXXX-YYYY”; 2) save this file in RTF, and upload it with the rule analysis; and 3) send an email message with the real text attached to the Rules e-mail box (rules “at” utah.gov).
In 2005, the Administrative Rules Review Committee looked at statutes that authorized criminal penalties for violating a rule. Back then, the Committee decided that to tackle the issue in two parts. With input from agencies, the Committee identified those provisions for which the criminal penalties could be eliminated without creating major concern or disruption. This bill finally passed during the 2007 General Session (see “Legislation Which Affects Rulemaking” in this newsletter).
At its 06/12/2007 meeting, the Administrative Rules Review Committee voted to take a different approach with the remaining provisions. With a unanimous motion, the Committee directed its chairs to send a letter to the appropriate interim committee chairs. The letter will express concern for statutory provisions that impose a criminal penalty, especially those that provide for a felony, for violating a rule.
Below is a list of statutes with which the committee still has concerns.
Title 19, Environmental Quality Code
Sections 19-1-303, 19-2-115, 19-3-110, 19-4-109, 19-5-115, and 19-6-113.
Title 23, Wildlife Resources Code of Utah
Sections 23-13-11, and 23-25-3.
Title 26, Health Code
Sections 26-21-6, 26-23-6, and 26-39-107.
Title 31A, Insurance Code
Section 31A-2-308.
Title 34, Labor in General
Section 34-23-402.
Title 34A, Labor Code
Section 34A-6-307.
Title 54, Public Utilities
Sections 54-7-26, and 54-7-28.
Title 61, Securities Division – Real Estate Division
Section 61-1-21
Title 63, State Affairs in General
Section 63-11-17.3
Title 72, Transportation Code
Sections 72-7-211, 2-7-302, 72-7-402, 72-7-407, 72-7-409, 72-9-701, and 72-10-120.
Title 73, Water and Irrigation
Sections 63-18-21, 73-18a-14, and 73-18b-3.
Finally, eRules is being reprogrammed. The Legislature appropriated one-time funding to update the application agencies use to file rules, and that the division uses to publish rules. The eRules application went online 09/01/2001. For some time now, it has been showing its age (but haven’t we all?). Employees from the Department of Technology Services are doing the development work for the new version. The effort is well into the design phase. If you have suggestions or concerns about the new version of eRules, please contact Ken Hansen (801-538-3777).
