RulesNews

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 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.

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The Legislature passed two bills during the 2008 General Session that recodified (renumbered) statutes.  H.B. 63 (2008) recodified almost all of Title 63. The affected chapters were reassigned to new titles ranging from 63G to 63M.  H.B. 63 went into effect on May 5, 2008.  H.B. 78 (2008) recodified Title 78 and several other chapters.  These chapters were reassigned to Titles 78A or 78B, or repealed.  H.B. 78 went into effect on February 7, 2008.

Each agency is responsible for correcting citations that appear within its administrative rules. To correct citations within a rule, an agency must file a nonsubstantive change. These nonsubstantive changes should be filed as soon as possible to reduce the chance of confusion.    A “cross walk” that provides the old citation and its new counterpart is available at http://le.utah.gov/lrgc/recodification.htm.

The Division has prepared an updated list of administrative rules that, to the best of the Division’s knowledge, contains references to statutes that were recodified by H.B. 63 or H.B. 78.  The list below is current through October 27, 2008.  If you find rules listed for your agency for which you think you have already filed a correction, please contact Nancy Lancaster at 801-538-3218. The list is available in PDF format at http://www.rules.utah.gov/law/2008-10-27–RecodificationList.pdf.

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The Utah State Law Library is pleased to announce a class for state executive branch employees on searching HeinOnline, a full-text database with content dating back to the first volumes of law reviews and the Code of Federal Regulations.  HeinOnline is available to state agencies because of a contract negotiated by the State Law Library.

UPDATE: The training will be:

• Where:  Utah State Library, Room 219 (250 North 1950 West), Salt Lake City, UT
• When:  Tuesday, November 18, 2008, 3:00 to 4:00 p.m.

Please RSVP to Mari Cheney at maric@email.utcourts.gov by November 17, 2008.

This year, the deadline for agencies to initiate rulemaking explicitly mandated by a bill that went into effect on May 5, 2008, is November 1, 2008.  The deadline for agencies to initiate rulemaking explicitly mandated by a bill that went into effect on July 1, 2008, is December 28, 2008. (Utah Code Subsection 63G-3-301(13); Utah Administrative Code Section R15-3-5)

Subsection 63G-3-301(13)(c) provides that an agency unable to comply with this filing requirement must “appear before the legislative Administrative Rules Review Committee and provide reasons for the delay.”  If your agency will not be able to comply with the filing requirement, contact Art Hunsaker, staff to the Administrative Rules Review Committee, at 801-538-1032.