April 19, 2004

Administrative Rules Review Committee Update

The Legislature's Administrative Rules Review Committee ( ARRC) held its first meeting after the 2004 General Session on Tuesday, April 6, 2004. At that meeting, the committee discussed the Public Service Commission's (PSC) stance regarding exemption of Mutual Water Corporations from PSC regulation; the Tax Commission's role to oversee the operations of its divisions; and the Division of Occupational and Professional Licensing's questionnaires.

The ARRC scheduled upcoming meetings for April 20 and May 4. Meetings are typically held at 9:00 a.m. in room 305 of the State Capitol. The ARRC meeting notices and agendas are available online at http://le.utah.gov/asp/interim/Commit.asp?Year=2004&Com=SPEADM. Additional information about the committee is available at http://www.rules.utah.gov/arrc/arrc.htm.

-- Ken Hansen

Posted by kenhansen at 12:46 PM

Rules to Review in 2004

Utah Code Section 63-46a-9 requires each agency to review its rules within five years of each rule's original enactment or last five-year review, 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, the rules will expire. Reviews may be filed ANY TIME prior to the deadline.

With the advent of eRules, when a Five-Year Notice of Review and Statement of Continuation is filed, the text of the rule must be attached. Please contact Nancy Lancaster (801-538-3218) or Mike Broschinsky (801-538-3003) to obtain a current version of your rule.

The Division sends quarterly E-mail notices to agencies of rules due for review. As advance notice, a list of the rules due for review during 2004, as of April 16, 2004, follows.

Administrative Services

R23. Facilities Construction and Management.

* R23-3. 08/09/04

R35. Records Committee.

* R35-1. 07/16/04
* R35-2. 07/16/04
* R35-3. 07/16/04
* R35-4. 07/16/04
* R35-5. 07/16/04
* R35-6. 07/16/04

Commerce

R152. Consumer Protection.

* R152-21. 07/29/04

R156. Occupational and Professional Licensing.

* R156-42a. 09/28/04
* R156-44a. 07/22/04
* R156-46a. 08/26/04
* R156-60. 11/15/04
* R156-60a. 11/15/04
* R156-60b. 11/15/04
* R156-61. 07/22/04

Crime Victim Reparations

R270. Administration.

* R270-3. 10/05/04
* R270-4. 10/05/04

Education

R277. Administration.

* R277-105. 07/06/04
* R277-438. 06/08/04
* R277-451. 09/15/04
* R277-462. 09/30/04
* R277-463. 09/30/04
* R277-471. 11/02/04
* R277-504. 09/30/04
* R277-521. 09/15/04
* R277-607. 11/16/04
* R277-609. 08/13/04
* R277-714. 09/30/04
* R277-760. 09/30/04
* R277-800. 08/13/04
* R277-916. 07/19/04

R280. Rehabilitation.

* R280-150. 08/13/04
* R280-203. 12/15/04

Environmental Quality

R307. Air Quality.

* R307-215. 09/08/04
* R307-309. 05/04/04
* R307-343. 06/02/04
* R307-420. 05/06/04

Health

R380. Administration.

* R380-25. 07/01/04

R384. Community and Family Health Services, Chronic Disease.

* R384-100. 08/16/04

R392. Epidemiology and Laboratory Services, Environmental Services.

* R392-101. 06/10/04

R398. Community and Family Health Services, Children with Special Health Care Needs.

* R398-1. 10/12/04
* R398-5. 11/22/04

R414. Health Care Financing, Coverage and Reimbursement and Policy.

* R414-7A. 12/20/04
* R414-7B. 12/20/04
* R414-11. 12/20/04
* R414-14. 12/20/04
* R414-14A. 12/20/04
* R414-25. 12/20/04
* R414-31. 12/20/04
* R414-49. 12/20/04
* R414-50. 12/20/04
* R414-501. 09/15/04
* R414-502. 09/15/04
* R414-503. 09/15/04

R426. Health Systems Improvement, Emergency Medical Services.

* R426-11. 10/12/04
* R426-12. 10/12/04
* R426-13. 10/12/04
* R426-14. 10/04/04
* R426-15. 10/12/04
* R426-16. 10/04/04
* R426-100. 12/09/04

R430. Health Systems Improvement, Child Care Licensing.

* R430-8. 09/22/04

Human Services

R512. Child and Family Services.

* R512-41. 09/01/04

R527. Recovery Services.

* R527-302. 12/02/04

Insurance

R590. Administration.

* R590-67. 10/15/04
* R590-76. 10/13/04
* R590-79. 10/13/04
* R590-83. 10/13/04
* R590-93. 05/27/04
* R590-98. 05/27/04
* R590-127. 10/14/04
* R590-129. 10/13/04
* R590-166. 05/27/04
* R590-167. 12/14/04
* R590-190. 05/26/04
* R590-191. 05/25/04
* R590-192. 08/27/04
* R590-194. 12/01/04

Labor Commission

R610. Antidiscrimination and Labor, Labor.

* R610-4. 07/02/04

R612. Industrial Accidents.

* R612-8. 10/15/04

Lieutenant Governor

R622. Administration.

* R622-2. 06/22/04

Natural Resources

R651. Parks and Recreation.

* R651-633. 10/04/04

R657. Wildlife Resources.

* R657-46. 08/18/04

Professional Practices Advisory Commission

R686. Administration.

* R686-103. 05/06/04

Public Safety

R704. Comprehensive Emergency Management.

* R704-1. 08/19/04

R708. Driver License.

* R708-10. 09/30/04
* R708-22. 10/04/04
* R708-24. 10/05/04
* R708-26. 09/16/04
* R708-31. 09/30/04

R714. Highway Patrol.

* R714-600. 08/13/04

Public Service Commission

R746. Administration.

* R746-401. 12/13/04

Workforce Services

R994. Workforce Information and Payment Services.

* R994-305. 12/20/04
* R994-309. 07/20/04
* R994-310. 07/20/04
* R994-311. 07/20/04
* R994-312. 07/30/04

-- Ken Hansen

Posted by kenhansen at 12:44 PM

2004 Legislation Explicitly Affecting Agency Rulemaking

As a result of actions taken during the 2004 General Session, 370 bills will become law. Of these, at least 89 (affecting 161 separate statutory sections) modify explicit rulemaking authorizations.

The Division of Administrative Rules has prepared this list of bills to facilitate state agency compliance with legal rulemaking requirements. This list should not be considered exhaustive or conclusive. It does not include bills that contain implicit rulemaking requirements, nor does it consider sections of statutes that were completely repealed. Each agency is responsible for reviewing legislation and determining provisions that require rulemaking, either explicitly or implicitly.

The list is available at: http://www.rules.utah.gov/agencyresources/legislation/gs2004rulemaking.pdf.

Posted by kenhansen at 12:40 PM

April 08, 2004

Rulemaking Process Seminars Scheduled for 2004

The Division of Administrative Rules has scheduled rulemaking process seminars for 2004. These seminars are intended to give anyone involved in the rulemaking process the basic information needed to understand rulemaking in Utah. Anyone interested in learning more about how the process works is welcome. The seminars will be held in room 4112 of the State Office Building:

  • Thursday, May 20, 2004, 9:00 a.m. to 12:00 noon;
  • Wednesday, July 21, 2004, 9:00 a.m. to 12:00 noon; and
  • Wednesday, October 20, 2004, 9:00 a.m. to 12:00 noon.

Topics to be covered will include:

  • Where do I obtain the official rule text, and how do I prepare it for submission?
  • How do I complete the rule analysis form, and other rulemaking forms?
  • How do I answer the "cost or savings" related questions?
  • How do I deal with the requirement for department-head review of the rule's fiscal impact on business?

The costs or savings topic is of particular importance, and has been the subject of a number of questions fielded by the Division's staff. Incomplete responses to the cost questions regularly cause the Division to delay the processing of administrative rules submissions. By discussing these issues, we hope to eliminate any delays, and thus ensure that you can make your rules effective on schedule.

Those wishing to attend must RSVP to Sophia Manousakis at 801-538-3764 no later than two days prior to the date of the seminar. In compliance with the Americans with Disabilities Act, persons needing auxiliary communicative aids and services for these meetings should notify Ms. Manousakis at least three working days in advance of the meeting.

-- Ken Hansen

Posted by kenhansen at 12:10 PM

Don't Use the Back Button

eRules (the Division's application that agency rulewriters use to file rules) is programmed with navigation buttons and links on each screen. A rulewriter should never, ever (did I emphasize that enough?) NEVER use the BROWSER navigation buttons (e.g., the back button at the top of the browser usually labeled with an arrow) to navigate within eRules. Using the browser navigation buttons may result in the loss of data, or worse.

If you have questions about using eRules, please attend one of the Division's training seminars or contact the Division at 801-538-3764 to make a separate appointment.

-- Ken Hansen

Posted by kenhansen at 12:08 PM

April 01, 2004

ARRC Scheduled to Meet April 6, 2004

The Legislature's Administrative Rules Review Committee (ARRC) has scheduled its first meeting after the 2004 General Session for Tuesday, April 6, 2004, at 9:00 a.m. in room 305 of the State Capitol. The agenda is available online at http://le.utah.gov/asp/interim/Commit.asp?Year=2004&Com=SPEADM. Information about the committee is available at http://www.rules.utah.gov/main/index.php?module=Pagesetter&func=viewpub&tid=1&pid=25.

-- Ken Hansen

Posted by kenhansen at 03:28 PM