RulesNews

Criminal Penalties and Rules, Part III

The Legislature's Administrative Rules Review Committee (ARRC) met on October 23. Toward the end of the meeting (2:21:00 on the audio recording of the meeting), Rep. Ben Ferry announced that he had opened a bill file to address the criminal penalties issue. For background, see "Statutes Imposing a Criminal Penalty for Violating a Rule, Part II".

The ARRC's efforts to have interim committees review this issue have met with mixed results. Now, it appears, that the ARRC will end up addressing the issue after all.

Rep. Ferry indicated his bill will say to agencies, "you cannot incarcerate by rule, and you can’t impose a felony by rule." It is Rep. Ferry's intent to have this issue scheduled on the agenda of a subsequent ARRC meeting.

Agencies may contact Ken Hansen (801-538-3777) with questions about this issue.