Tag Archives: Filing Deadlines

43 Bills Go Into Effect on July 1, 2010

Posted by on June 29, 2010 Comments Off

Out of the 481 bills and resolutions passed during the 2010 General Session, 43 bills take effect on 07/01/2010.  Some of those bills may contain mandates requiring various state agencies to promulgate administrative rules.  Pursuant to Subsection 63G-3-301(13), agencies have until 12/28/2010 to initiate rulemaking (i.e., filing the rule with the Division of Administrative Rules) to implement those mandates.

If an agency is unable to make the 12/28/2010 filing deadline, statute requires that “the state agency shall appear before the legislative Administrative Rules Review Committee and provide the reasons for the delay.”  Agencies may contact Mr. Art Hunsaker, Research Analyst assigned to the Legislature’s Administrative Rules Review Committee,  at 801-538-1032.

333 Bills Go Into Effect May 11, 2010

Posted by on May 11, 2010 Comments Off

Out of the 481 bills and resolutions passed during the 2010 General Session, 333 bills take effect today, 05/11/2010.  Many of those bills contain mandates requiring various state agencies to promulgate administrative rules.  Pursuant to Subsection 63G-3-301(13), agencies have until 11/07/2010 to initiate rulemaking (i.e., filing the rule with the Division of Administrative Rules) to implement those mandates.

If an agency is unable to make the 11/07/2010 filing deadline, statute requires that “the state agency shall appear before the legislative Administrative Rules Review Committee and provide the reasons for the delay.”  Agencies may contact Mr. Art Hunsaker, Research Analyst assigned to the Legislature’s Administrative Rules Review Committee,  at 801-538-1032.

Deadlines for Rules Specifically Required by 2010 Legislation

Posted by on March 5, 2010 Comments Off

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

  • For bills effective 05/11/2010, corresponding rules must be filed with the Division of Administrative Rules by 11/07/2010.
  • For bills effective 07/01/2010, corresponding rules must be filed with the Division of Administrative Rules by 12/28/2010.

The Legislature may designate other dates as the effective date for a bill. It is the agencies’ responsibility to check the effective date of a bill that specifically requires rulemaking and file the requisite rule within 180 days of the bill’s effective date.

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 time to appear before the Administrative Rules Review Committee to discuss the delay.

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

Rules Due for Review in 2010

Posted by on December 24, 2009 Comments Off

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 the Division (801-538-3764) to obtain a current version of a 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.

Read more »

Rules Due for Review in 2009

Posted by on March 5, 2009 Comments Off

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 the Division (801-538-3764) to obtain a current version of a 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.

Read more »

Rules Due for Review Before the End of 2008

Posted by on October 28, 2008 Comments Off

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.

Read more »

Deadlines for Explicitly Mandated Rules

Posted by on October 16, 2008 Comments Off

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.

Rules Due for Review in 2008

Posted by on April 9, 2008 Comments Off

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 04/09/2008, the following rules are due for review before the end of 2008.

Read more »

Deadlines for Rules Explicitly Mandated by Legislation Passed in 2008

Posted by on April 9, 2008 Comments Off

Subsection 63-46a-4(11) provides that an agency has 180 days from the effective date of legislation to file a rule that is explicitly mandated by the legislation.

  • For legislation effective 05/05/2008, mandated rules must be filed by 11/01/2008.
  • For legislation effective 07/01/2008, mandated rules must be filed by 12/28/2008.

The deadline for rules mandated by bills with an earlier or later effective date must be adjusted accordingly.

If the agency cannot meet the deadline, it must schedule an appearance before the Administrative Rules Review Committee to explain the delay. To do so, please contact Mr. Art Hunsaker, analyst assigned to the Administrative Rules Review Committee; he may be reached at 801-538-1032.

Agencies may contact Ken Hansen (801-538-3777) with questions about Subsection 63-46a-4(11).

Rules Due for Review in 2008

Posted by on December 31, 2007 Comments Off

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 12/31/2007, the following rules are due for review before the end of 2008.

Read more »