RulesNews

Petitions, Consideration of Public Comment; and Criminal Penalties

At its July 11th meeting, the Legislature's Administrative Rules Review Committee unanimously supported a motion that the committee open a bill file to amend the rulemaking act in two areas. First, the committee will address the length of time an agency has to respond to a rulemaking petition and what it means to "initiate" rulemaking (see Section 63-46a-12). Second, the committee will address the practice of making a rule effective the day after the comment period closes. Concern was expressed that some public comment is not being adequately considered before agencies are making rules effective. Specific provisions were not discussed in today's meeting.

Another issue, concerning criminal penalties for violating provisions of rule, was addressed. After a discussion of two Forestry, Fire, and State Lands rules, Sen. Stephenson directed staff to research provisions of statute that provide for a criminal penalty for violation of rules. From the discussion, it sounded as though it was the committee's preference was to eliminate such provisions and address the specific issues in statute.

These issues will be discussed in a future meeting. The Administrative Rules Review Committee meeting agendas are posted at http://le.utah.gov/asp/interim/Commit.asp?Year=2005&Com=SPEADM . Future meetings have been tentative scheduled for: July 26 at 9:00 a.m.; August 9 at 8:30 a.m.; and August 23 at 9:00 a.m.