RulesNews

Committee Created to Revise the Model State Administrative Procedure Act

The National Conference of Commissioners on Uniform State Laws (NCCUSL) has created a committee to discuss revisions to the Model State Administrative Procedures Act (MSAPA). Professor John Gedid, professor of law at Widener University in Harrisburg, PA, has been assigned as the committee reporter (chair).

On July 18, Professor Gedid spoke to the Administrative Codes and Registers (ACR) summer conference in New Orleans. He indicated that one of the primary efforts of the revision committee is to make a new MSAPA from which states may borrow pieces and parts without having to adopt the entire model act.

The next meeting of the Committee to Revise Model State Administrative Procedures Act, is slated for November 12-14, 2004, in Philadelphia, PA. Call the NCCUSL office at 312-915-0195 for more information.

"E-Rulemaking: Information Technology and the Regulatory Process" in Admin L Rev

The Spring 2004 issue of Administrative Law Review (Vol. 56, No. 2) includes an article by Cary Coglianese (Irvine Visiting Professor of Law, Stanford Law School; Associate Professor of Public Policy and Chair of the Regulatory Policy Program, KSG, Harvard) entitled "E-Rulemaking: Information Technology and the Regulatory Process." The article, starting on page 353, reports the results of two E-rulemaking focus group meetings held in March 2002 and January 2003. The article summarizes the goals of E-rulemaking, outlines the phases currently envisioned by the federal initiative, and identifies many potential improvements that information technology can bring to the process.

The article has important implications for Utah, and other states. As a visioning document, it provides a great deal of perspective as we look at eRules (Utah's web-enabled rule filing system) and consider improvements to the system and the process itself.

-- Ken Hansen

Additional Rulemaking Seminars Scheduled

Back on April 8, we told you about rulemaking seminars that had been scheduled for 2004. After the May seminar, we decided that we needed to make some changes to the seminar format. Seminars are now scheduled for:

• Wednesday, July 21, 2004, 1:00 p.m. to 4:30 p.m. -- New Rule Filers' Seminar;
• Wednesday, October 20, 2004, 1:30 p.m. to 3:00 p.m. -- Update for Experienced Rule Filers; and
• Wednesday, October 20, 2004, 9:00 a.m. to 12:00 noon -- New Rule Filers' Seminar.

For the New Rule Filers' Seminar, 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?

For the Update for Experienced Rule Filers', topics to be covered will include:

• Who should review rules before they are filed?
• What happens if rules are sent back for corrections?
• What is the difference between policy and rule?
• Why can't I quote statute/case law/federal law in my rule?
• How many times can I renew an emergency rule?
• What do I do if I have statutory language that is sufficiently explicit, but another statutory direction to write a rule?

Those wishing to attend any of the seminars 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