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).
On June 15, 2012, the Division of Administrative Rules made minor changes to its home page. Based on feedback, the Division added links that allow agencies to quickly access frequently used resources directly from the home page.
The Division welcomes feedback about its web site. Please direct recommendations to Ken Hansen (801-538-3777).
The Utah Administrative Code, the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules, is current through 06/01/2012. The Division posted this update on its website on 06/08/2012. The Division’s goal is to codify and post administrative rule filings made effective through the first of the month by the tenth of the month.
The Utah Administrative Code is available online at http://www.rules.utah.gov/publicat/code.htm. An archive of updates to the Utah Administrative Code is available online at http://www.rules.utah.gov/publicat/codeudt.htm.
The Division of Administrative Rules will conduct an administrative rulemaking training seminar on Thursday, June 21, 2012. This training is intended for state agency employees who are responsible for filing rules. The training will include discussion of *additional requirements* found in Governor Herbert’s Executive Order EO/013/2011.
The training will be held in the State Office Building on Capitol Hill, in room 4112. The training will last approximately six hours, split between two sessions. The morning session begins at 9 a.m. and runs to noon. The afternoon session begins at 1 p.m. and will run until 4 p.m.
The morning session will cover the following topics:
- Governor Herbert’s Executive Order EO/013/2011: Establishing Effective Oversight Over State Agency Rulemaking;
- pre-filing and pre-publication requirements, especially with regards to fiscal impact on business (as informed by EO/013/2011); and
- the rule filing process, including a review of all rule filing types. We will pay special attention to proposed rulemaking filings and five-year review filings.
The afternoon session will cover the following topics:
- the rule filing process (continued, if necessary from the morning);
- comment and effective date requirements, as well as what to do in the event that you receive a request for a rule hearing;
- writing and preparing rule text.
We’ll try to address the first three bullet items during the morning session and the last two during the afternoon.
Please RSVP to Sophia Manousakis (“smanousa” at “utah.gov”) by email to reserve a spot. Seating is limited!
Additional training sessions have been scheduled for Thursday, September 20; and Thursday, December 13. Agencies may also contact us to schedule agency-specific rulemaking training.