RulesNews

Many of you have noticed that there doesn’t seem to be a form for rule amendment any more. If you look closely at the left-hand menu in eRules you seen entries for “Proposed Rule Types” or “Change in Proposed Rule (CPR)” or “Nonsubstantive Change” or something else. But nothing seems to cry out “HI, USE ME TO FILE AN AMENDMENT!”

Amendments, new rules, repeals of rules, and repeals and reenactments of rules are all different types of something called “proposed rules”. A proposed rule is a rulemaking actions that proposes to make some type of substantive change to an already existing rule (amendment, repeal, or repeal and reenact) or proposes to create a rule that has never existed before (new).

Because the questions asked for all proposed rules are exactly the same, eRules has one form, the proposed rule form, to accommodate the different types (new, amend, repeal, repeal and reenact). If you want to file and amendment to an existing rule, click on “Proposed Rule Types” in the left-hand menu. Scroll down the form to the box labeled “Notice Type”. You will see a drop-down list. Click the down-arrow and then select “Amendment”. Then continue to complete the form as you normally would.

Follow the same procedure for a New Rule, a Repeal, or a Repeal and Reenact.

As always, never hesitate to call the Division if you have any questions.

When we began reprogramming eRules, lots of people suggested the same new feature: a spell checker. I agree that this would have been a great addition. However, it wasn’t practical for two reasons:

1. Programming the spell checker would have added enormous cost to the project; and
2. Implementing a spell checker for eRules would have required a server-side solution (the spell checking would have occurred on the web server where eRules resides) which would have slowed down the application

Fortunately, there are alternatives that don’t cost much (or don’t cost at all) that provide spell checking within your browser.

Spell checking in Internet Explorer

Many of you use Internet Explorer. There are at least three possibilities for you; two don’t cost anything while one has a very modest price tag.

A product called IE7Pro (http://ie7pro.com) is available as an add-on for Internet Explorer version 6 and above. IE7Pro is available at no charge.

Another product, this time from Google, called the Google Toolbar (http://toolbar.google.com/) provides spell checking as well as a host of other browser enhancements.

The last product, ieSpell (http://www.iespell.com/) is available for modest licensing fee (see http://www.iespell.com/pricing.html for details)

Spell checking using Firefox

If you have some flexibility in the browser that you use, you may want to try Mozilla Firefox (http://www.mozilla.com/). Firefox has integrated spell-checking.

Remember, though, always check with your IT staff before downloading and installing any software.

Mike

At the 07/14/2009 meeting of the Administrative Rules Review Committee, legislative staff presented a list of legislation that passed during the 2009 General Session that provides “additional rulemaking grants to state agencies.”  This list identifies 60 bills.

Under the provisions of Subsection 63G-3-301(13), when a bill passes that explicitly mandates rulemaking, the affected agency is required to initiate rulemaking within 180-days of the bill’s effective date.  In other words:

• For bills effective 05/12/2009, corresponding rules must be filed with the Division of Administrative Rules by 11/08/2009.
• For bills effective 07/01/2009, corresponding rules must be filed with the Division of Administrative Rules by 12/28/2009.

If an agency is unable to make the deadline set in Subsection 63G-3-301(13), the agency needs to contact Mr. Art Hunsaker, in the Office of Legislative Research and General Counsel at 801-538-1032, to schedule a meeting to discuss the delay with the Administrative Rules Review Committee.  Agencies may also contact Mr. Hunsaker if they have questions about the bills that appear on the list (included below).

Questions about the provisions of Subsection 63G-3-301(13)  may be directed to Ken Hansen at 801-538-3777.

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eRules is the application that state agencies in Utah use to file administrative rules with the Division of Administrative Rules.  The new version of eRules went live on July 16, 2009, replacing the original application that has been in operation since September 2001.  Rule filers may access the new system by going to http://erules.rules.utah.gov/.

eRules v. 2 functions much like the old version.  The Division’s primary reasons for upgrading the system were to replace outdated hardware and software, address bugs that had developed in the old system, and improve security.

The rule forms contain some new fields.  The “Aggregate anticipated cost or savings to small business” is now reported in a separate field.  Radio boxes associated with each of the “Aggregate anticipated cost or savings” boxes permit the agency to indicate if there is an affect on any of the specifically identified groups.  The department head’s comments regarding the impact the rule may have on business is now followed with a box for the department head’s name.

Changes have also been made to the e-mail notifications that the system generates.  Specifically, once an agency responds to a request for correction, an e-mail will confirm receipt of the correction.

Documentation and guides for eRules v. 2 are still under development.  If you have questions about the application, please call Mike Broschinsky at 801-538-3003, or Nancy Lancaster at 801-538-3218.

The Division welcomes agency feedback about the new system.  While great effort has been made to test the new system and identify problems before its release, it is possible that agency filers may experience some problems.  If problems occurs, please contact the Division as soon as possible.

The Division gratefully acknowledges the efforts of individuals at the Department of Technology Services who worked very hard to make this application a success.

The release of eRules does not diminish access to regulatory information.  The public still has free access to all proposed, emergency, and effective rules through the Division’s regular web site — http://www.rules.utah.gov/ .

After significant effort, eRules version 2.0 will launch on Thursday, July 16, 2009. This new release replaces eRules version 1 that agencies have used since September 1, 2001, to file administrative rules with the Division.  Agencies filing rules on or after July 16 will use the new application.

The Division has prepared a web page containing links to several screen shots that provide a sense of the application. The address for the information web page is  http://www.rules.utah.gov/eRules/eRulesWelcome.htm.  The web page  also includes information about accessing a test version of the application.

The Division welcomes agency feedback.  Agencies may contact the Division through GroupWise at “Administrative Rules” or by calling 801-538-3003.

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.