September 28, 2004
Rules Due For Review in 2004
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.
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. Please 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 anniversary (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 advance notice, a list of the rules due for review during 2004, as of September 28, 2004, is included below.
Commerce
R156. Occupational and Professional Licensing.
R156-60. 11/15/04
R156-60a. 11/15/04
R156-60b. 11/15/04
Crime Victim Reparations
R270. Administration.
R270-3. 10/05/04
R270-4. 10/05/04
Education
R277. Administration.
R277-471. 11/02/04
R277-607. 11/16/04
R280. Rehabilitation.
R280-203. 12/15/04
Health
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
R426. Health Systems Improvement, Emergency Medical Services.
R426-11. 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
Insurance
R590. Administration.
R590-194. 12/01/04
Labor Commission
R612. Industrial Accidents.
R612-8. 10/15/04
Natural Resources
R657. Wildlife Resources.
R657-46. 12/16/04 (EXT)
Public Service Commission
R746. Administration.
R746-401. 12/13/04
Workforce Services
R994. Workforce Information and Payment Services.
R994-305. 12/20/04
September 20, 2004
Comment Period is for Receiving Comment
The Utah Administrative Rulemaking Act (UARA) requires an agency to accept public comment on a proposed rule for a period of at least 30 days after the rule is published in the Utah State Bulletin (Bulletin). In addition, the UARA directs that, "each agency shall develop and use flexible approaches in drafting rules that meet the needs of the agency and that involve persons affected by the agency's rules." (Subsection 63-46a-4(2))
Agency efforts to involve the public PRIOR to a rule's publication in the Bulletin do NOT supplant or diminish the comment period that begins after the publication date of a rule in the Bulletin. Failure to consider comment received during the public comment period is grounds for a rule to be challenged and declared invalid (see Subsection 63-46a-12.1(4)(a)(iii)).
If you have questions about rulemaking procedures, please contact the Division (801-538-3764).
September 16, 2004
Federal E-Rulemaking Update
In an E-mail posted to the E-Rulemaking ListServ (http://www.ksg.harvard.edu/cbg/rpp/erulemaking/) (follow the "ListServ" link) operated by Harvard University, John Moses, deputy director of the E-rulemaking initiative, reports on the status of the new federal-wide electronic docket system. He indicates that the system will be ready for agency beta-testing by late 2004/early 2005, with updates released throughout 2005.
He also announces that "The Regulatory Policy Program at Harvard University, in partnership with the eRulemaking Initiative, is hosting an on-line discussion board." The purpose of the discussion board is to solicit feedback and encourage a discussion of the issues. The address for the discussion board is http://icommons.harvard.edu/~hu-erulemaking (Note: registration is required).
Mr. Moses concludes his message stating that more information about the E-Rulemaking initiative is available online at http://www.Regulations.gov/ (follow the "eRulemaking" link).
September 15, 2004
Fall ABA Admin Law Section Conference Program Announced
The Administrative Law and Regulatory Practice Section of the American Bar Association has announced their fall conference agenda. Sessions that might be of interest to Utah regulators include:
- Valuing Life in Regulation: Science or Policy?
- Administration and Independence: OPM, ALJs, and the APA
- Adjudication and Licensing in Interstate Compact Agencies
- *Rulemaking in the Electronic Age: How Should Agencies Respond?*
- Recent Developments in Administrative Law
-- Ken Hansen
September 01, 2004
Regulations Worldwide
John H. Martinez, the Director of the Administrative Law Division at the New Mexico Commission of Public Records - State Records Center and Archives, sent the following E-mail that might be of interest to Utah state rulewriters.
[T]he Macao Special Administrative District (a former Portuguese colony across the mouth of the Pearl River from Hong Kong) [hosts an interesting web site]. Their Government Printing Bureau is responsible for the production of the Macao Gazette (their version of the Federal Register). As a part of their website, they have a list of "Official Gazettes" from all over the world. ... Take a look ... , it is at http://www.imprensa.macau.gov.mo/en/links/default.asp#US.
--Ken Hansen
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