RulesNews

Corrected Correlation Table for Title 63 Renumbering

On May 29, 2008, Legislative Research and General Counsel notified the Division of Administrative Rules of corrections to 13 citations that had been included in the original Title 63 Recodification Correlation Table. The following sections were affected:

• 63-2-909 was changed to 63G-2-310
• 63-38f-701 was changed to 63M-1-702
• 63-38f-702 was changed to 63M-1-701
• 63-54-103 was changed to 63I-3-201
• 63-54-104 was changed to 63I-3-202
• 63-54-105 was changed to 63I-3-203
• 63-54-106 was changed to 63I-3-204
• 63-54-107 was changed to 63I-3-205
• 63-54-108 was changed to 63I-3-206
• 63-54-109 was changed to 63I-3-207
• 63-96-101 was changed to 52-5-101
• 63-96-102 was changed to 52-5-102
• 63-96-103 was changed to 52-5-201

The Division of Administrative Rules has posted a corrected copy of the Correlation Table to its web site -- http://www.rules.utah.gov/law/2008Title63RecodificationCorrelation.pdf. A similar list is also available from the Legislature's web site -- http://le.utah.gov/lrgc/recodification.htm.

Rules Due for Review in 2008

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.

Continue reading "Rules Due for Review in 2008"

Legislation from the 2008 General Session Affecting Administrative Rulemaking

During the 2008 General Session, the Legislature passed the following bills that add requirements to the process or will require rulemaking.

H.B. 53. Impact of Administrative Rules on Small Businesses. Rep. S. Clark.

This bill is in response to another request from the U.S. Small Business Administration. This bill goes beyond H.B. 64 (2007), which required agencies to include in the rule analysis the anticipated cost or savings a rule may have on small businesses.

First Substitute H.B. 53 "requires a state agency to consider methods to minimize the impact of an agency's proposed administrative rule if the agency reasonably expects the rule will have a measurable negative fiscal impact on small businesses." The bill exempts the School and Institutional Trust Lands Administration from this process.

The Governor signed First Substitute H.B. 53 on 03/18/2008. It goes into effect on 05/05/2008. First Substitute H.B. 53 is available at: http://le.utah.gov/~2008/htmdoc/hbillhtm/HB0053S01.htm.

H.B. 63. Recodification of Title 63 State Affairs in General. Rep. D. Aagard.

This bill recodifies most of Title 63. It also changes references to Title 63 in other sections of the Utah Code.

Almost every agency is affected by this bill, representing 25% of the rules in the Utah Administrative Code. If an agency's rule references statutes in Title 63 -- the Government Records Access Act (GRAMA), the Administrative Procedures Act (UAPA), the Utah Administrative Rulemaking Act, to name a few -- the agency must now file a nonsubstantive change for each rule to update the references. The Division of Administrative Rules estimates that there are over 470 rules that require updated references.

The Governor signed H.B. 63 on 03/19/2008. It goes into effect on 05/05/2008. H.B. 63 is available at: http://le.utah.gov/~2008/htmdoc/hbillhtm/HB0063.htm.

H.B. 78. Title 78 Recodification and Revision. Rep. J. Biskupski.

This bill recodifies Title 78. It also changes references to Title 78 in other sections of the Utah Code.

Because of H.B. 78, Administrative Services, Commerce, Corrections, Education, Environmental Quality, Financial Institutions, Health, Human Services, Insurance, Judicial Conduct Commission, Labor Commission, Natural Resources, School and Institutional Trust Lands, and Workforce Services must file nonsubstantive changes to update references in rules. The Division of Administrative Rules estimates that there are over 50 rules that require updated references.

The Governor signed H.B. 78 on 02/07/2008. It went into effect on 02/07/2008. H.B. 78 is available at: http://le.utah.gov/~2008/htmdoc/hbillhtm/HB0078.htm.

S.B. 43. Administrative Rules Reauthorization. Sen. H. Stephenson.

The reauthorization bill is the Administrative Rules Review Committee's annual bill required by Section 63-46a-11.5. S.B. 43 reauthorized all rules, except Section R525-6-1, Human Services, Substance Abuse and Mental Health, State Hospital, Prohibited Items and Devices; and Rule R722-300, Public Safety, Criminal Investigations and Technical Services Criminal Identification, Concealed Firearm Permit Rule.

The Department of Human Services, Division of Substance Abuse and Mental Health has already filed a rule to replace the version that was not reauthorized. The proposed new rule under DAR No. 31031 appears in the March 15, 2008, issue of the Utah State Bulletin. It is also available online at: http://www.rules.utah.gov/publicat/bulletin/2008/20080315/31031.htm.

The Governor signed S.B. 43 on 03/18/2008. Pursuant to Subsection 63-46a-11.5(2), S.B. 43 goes into effect on 05/01/2008. S.B. 43 is available at: http://le.utah.gov/~2008/htmdoc/sbillhtm/SB0043.htm.

Other Rules-Related Bills that Affect More than One Agency

H.B. 80. Administrative Rule Penalty Amendments. Rep. B. Ferry.

H.B. 80 is a continuation of the effort started by the Administrative Rules Review Committee with H.B. 317 (2006), which did not pass, and S.B. 138 (2007), which did pass.

Second Substitute H.B. 80 repeals statutes that impose a criminal penalty for violating the provisions of administrative rules issued by Alcoholic Beverage Control Commission, Department of Workforce Services, State Tax Commission, Public Service Commission, and Department of Public Safety.

The Governor signed Second Substitute H.B. 80 on 03/18/2008. It goes into effect on 05/05/2008. Second Substitute H.B. 80 is available at: http://le.utah.gov/~2008/htmdoc/hbillhtm/HB0080S02.htm.

Questions about these bills may be directed to Ken Hansen (801-538-3777).

Additional Information

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764).

Deadlines for Rules Explicitly Mandated by Legislation Passed in 2008

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).

Rule Filing Tips

To avoid a potential delay in the publication of your rule filings, please remember the following:

• Please check your comment date and first possible effective date for when you are filing against the Filing Time Frame list.
• In Box 9 on the Proposed Rule, Emergency Rule, and Change in Proposed Rule forms, please add the department head's name and title after their comments.
• Make sure the authorization date at the very bottom of the form is not after the day you filed it (should be authorized before you file it).
• For Box 11 on the form (Incorporation Box), if you do not have an incorporation, please leave it blank. If you put "None" or "N/A", you may corrupt the rule filing and be required to refile.
• If you are filing a rule in response to legislation, please include the House or Senate Bill number and the year it passed in your explanation of the Purpose for the rule.
• Please check the size of your text file *before* you attempt to attach it. If the rule text is over 60 kb, the current version of eRules will return an error and not let you file your rule. For filings with larger rule text, make a placeholder document (in RTF) and upload that then send the text file to Administrative Rules (e-mail) as an attachment. As always, the text must be in RTF format. Do not submit "text" files.
• Do not use styles in formatting rule text. Do not use track changes. Styles and track changes are stripped prior to publication. If styles or track changes is used to mark the changes in rule text, they will not be reflected in the published copy. Subsections within rule text must be tabbed, not indented. Text to be removed must be struck-through with brackets surrounding it and new text must be underlined. Do not include headers, footers, or page numbers in rule text.
• All communications that deal with filing rules and any problems should be sent by e-mail to "Administrative Rules" not to individual staff members. This is the official address for all communication pertaining to rules.

Many of these issues will be addressed in the new version of eRules. We appreciate your patience, and your attention to these details.

Please address questions about filing and formatting issues to Nancy Lancaster at nllancaster "at" utah.gov or 801-538-3218, or Mike Broschinsky at mbroschi "at" utah.gov, or 801-538-3003.

Rulemaking Training

The Division of Administrative Rules has scheduled training for agency rulefilers. These sessions will focus on the rulemaking process. Morning sessions -- 9 to noon -- will focus on completing the rule analysis form and five-year review form. Afternoon sessions -- 1:30 to 3:30 pm -- will focus on preparing rule text. This training will be offered on the following dates:

• Thursday, May 15, 2008
• Thursday, June 19, 2008
• Thursday, September 18, 2008
• Thursday, November 13, 2008

Training specific to the new version of eRules will be scheduled in July and August. The Division staff is available to come to your office to do one-on-one training or for a group in your division or department.

Reservations can be made by e-mailing your request to Sophia Manousakis at smanousa "at" utah.gov or calling 801-538-3764.

Correlation Table for Title 63 Renumbering

H.B. 63, "Recodification of Title 63 State Affairs in General", renumbered 781 sections of statute from Title 63. On April 8, Legislative Research and General Counsel provided a correlation table listing each old citation and the corresponding new citation. This list will be especially useful as agency rulewriters prepare nonsubstantive changes to correct Title 63 references within their agency's rules.

The Division of Administrative Rules has posted a copy of this table to its web site -- http://www.rules.utah.gov/law/2008Title63RecodificationCorrelation.pdf. A similar list is also available from the Legislature's web site -- http://le.utah.gov/lrgc/recodification.htm.

H.B. 63 has Been Signed Into Law; Now the Work Begins

H.B. 63 recodifies almost all of Title 63. The affected chapters are reassigned to new titles ranging from 63G to 63M. H.B. 63 goes into effect on May 5, 2008.

Last summer, the Division informed agencies that H.B. 63 would have a major impact on rules. A review of the rules in effect on January 1, 2008, indicates that 471 administrative rules reference Title 63. Each agency is responsible for correcting citations in its rules. To correct the citations, agencies may file nonsubstantive changes. The nonsubstantive changes should be filed before May 1 so that they can go into effect on May 5, 2008 -- at the same time the bill goes into effect.

The Division has prepared a list of the rules in effect on January 1, 2008, that, to the best of our knowledge, are affected by H.B. 63. Each agency should review its rules, taking into account changes made effective since January 1, to ensure that all references are updated. The list is available in PDF format at http://www.rules.utah.gov/law/2008Title63ListofAffectedRules.pdf.

Continue reading "H.B. 63 has Been Signed Into Law; Now the Work Begins"

H.B. 53 Passes

The Senate passed 1st Substitute H.B. 53 on Wednesday, February 13, 2008. The bill now goes to the Governor for his signature.