Tag Archives: Executive Review

Governor Issues Report and Executive Order

Posted by on December 21, 2011 Comments Off
2011 Utah Business Regulation Review

2011 Utah Business Regulation Review

On Tuesday, December 6, 2011, Governor Gary R. Herbert announced the results of a comprehensive review of all of Utah’s business regulations and the release of the report, Utah Business Regulation Review.  This report documents the efforts of state agencies’ to respond to the governor’s call to review existing business regulations.

In addition to summarizing agencies’ responses to the Governor’s request, the report also includes an analysis of rules conducted by the Governor’s Office, and feedback from over 100 business associations and over 300 survey responses from individual businesses.

The report is available from the Division of Administrative Rules’ web site at http://www.rules.utah.gov/reports/2011UtahBusinessRegulationReview.pdf .

As part of the announcement, Governor Herbert also signed Executive Order EO/013/2011 entitled “Establishing Effective Oversight Over State Agency Rulemaking”.  This order updates requirements found in orders issued in 1979, 1986, and 1988.  The order establishes additional procedures for agencies to follow when promulgating rules.

The order:

  1. establishes the Governor’s expectation that rules be clear and concise, and that they not impose unnecessary burdens on the economy, on individuals, on public or private organizations, or on local government;
  2. requires agencies to include non-fiscal and indirect costs or savings as part of the cost boxes in the rule analysis;
  3. requires department heads to designate a department rules coordinator and report that person’s name to the Division of Administrative Rules;
  4. requires the department rules coordinator to perform several functions including a review of legislation for rulemaking mandates AND sending a copy of the rule analysis for a notice of proposed rule to the Governor’s Office of Economic Development;
  5. reestablishes the role of the Governor’s Office of Planning and Budget to review rules;
  6. outlines the sources from which agencies may seek assistance;
  7. requires state administrators to cooperate with GOPB’s executive review of rules, and the Division of Administrative Rules implementation of filing, publication and hearing procedures.

The full language of the executive order is available online at http://www.rules.utah.gov/execdocs/2011/EO-013-2011.pdf.

Make Regulation Fair

Posted by on March 1, 2011 Comments Off

Governor Gary R. Herbert delivered his State of the State address on 01/26/2011 at the Utah State Capitol.  In the address, he covered many issues.  Regarding economic development, he said that one of the most important ways that “government can nurture a business-friendly environment” is to make regulation fair:

I understand that the purpose of government regulation is to maintain a level playing field.  As a small business owner, I have also experienced the cost and frustration of over-reaching and irrational regulation.  In order to separate regulations that serve an important purpose, from those regulations that serve no purpose at all, I have asked each member of my Cabinet to review existing business regulations and determine which could be kept, which should be modified, and which will be eliminated.

The Governor’s Office has asked each department to determine the most effective method of conducting the review of that department’s rules.  This review process will begin in earnest after the Legislative General Session concludes its business on 03/10/2011.  A meeting for the department review coordinators has been scheduled for 03/15/2011.  This process will culminate in a report back to the Governor’s Office later this year.

Questions regarding the cabinet level review may be directed to Ken Hansen at 801-538-3777.

03/09/2011 UPDATE:  The meeting originally scheduled for 03/15/2011 has been rescheduled to 03/23/2011.

Changes in GOPB Rules Review

Posted by on February 28, 2005 Comments Off

Kent W. Bishop, rules analyst in the Governor’s Office of Planning and Budget (GOPB), has announced his retirement. Kent will be leaving state employment with over 25 years of service. His last day at work will be March 31.

On March 22, 1988, Governor Norman H. Bangerter issued an executive order requiring each department to conduct an internal prefiling review of its administrative rules. That order also required GOPB to conduct a post-filing review of all administrative rules. This task fell to Kent and his former colleague Peter Groesbeck. On January 1, 1997, Pete took a position with the Industrial Commission (now the Labor Commission), leaving Kent with the responsibility to review all state administrative rules.

Since 1988, the Division estimates that Kent has reviewed more than 14,500 rule filings amounting to over 24,340 pages of published administrative rule changes (set in 9 point type), and countless prefiling administrative rule drafts. Kent has also been a liaison between state agencies and the Legislature’s Administrative Rules Review Committee.

Mr. Hunter Finch, currently a budget analyst in GOPB, has been appointed to assume Kent’s rules review responsibilities. Hunter worked with the Department of Corrections for over twenty years. After retiring, he returned to state government in 2003 as a budget analyst for GOPBwhere he worked on the public safety and elected officials budgets. Hunter has bachelor of science degrees in mass communications/public relations, psychology/research and statistics, sociology/criminology; master’s degrees in social work/clinical social work, and education/educational psychology. Additionally, he is a certified criminologist, a certified law enforcement officer, and a licensed clinical social worker.

The Division gratefully acknowledges the contributions Kent has made improving administrative rules and the rulemaking process over the past 17 years. The Division also welcomes Hunter to the rulemaking process.