RulesNews

Rulemaking Process Seminars Scheduled for 2005

The Division of Administrative Rules has scheduled rulemaking process seminars for 2005. These seminars are intended for those involved in filing rules. Sessions for new rule filers are scheduled from 9:00 to noon. Sessions for experienced rule filers are scheduled from 1:30 to 3:00 PM.

• Thursday, March 17, 2005, 4112 State Office Building;
• Thursday, June 16, 2005, 5112 State Office Building; and
• Thursday, September 15, 2005, 4112 State Office Building.

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.

Rulemaking Process for New Administrators

To help new state administrators understand their responsibilities under the Utah Administrative Rulemaking Act, the Division has scheduled a Rulemaking Process Seminar for New Administrators on:

• Wednesday, March 16, 2005, from 9:00 a.m. to 10:30 a.m., 4112 State Office Building
• (repeated) Thursday, March 31, 2005, from 9:00 a.m. to 10:30 a.m., 4112 State Office Building

To attend either seminar, please R.S.V.P. to Ms. Sophia Manousakis at 801-538-3764 or smanousa@utah.gov. In compliance with the Americans with Disabilities Act, persons needing auxiliary communicative aids and services for this meeting should notify Ms. Manousakis at least three working days in advance of the meeting.

If you have questions about the content of the seminar, please contact Ken Hansen at 801-538-3777.

Administrative Rules Review Committee Schedules Mid-Session Meeting

The Administrative Rules Review Committee has scheduled a mid-session meeting on Friday, January 28, at noon in room W020. There are three issues on the agenda:

• Rule R156-17b Classifications of Internet Pharmacies, Bulletin, December 1, 2004, p. 20 (Rep. Ure);
• Rule R58-1 Admission and Inspection of Livestock, Poultry, and Other Animals (Rep. Ure); and
• Rule R714-600 Performance Standards for Tow-Truck Motor Carriers (exiting rule) and Request for Proposal, Tow-Truck Motor Carrier Service for Weber and Morgan Counties, (Rep. Ure).

H.B. 209 in Committee on January 28, 2005

H.B. 209, Administrative Rules - Impact on Small Businesses, is up in House Business and Labor Standing Committee on Friday, January 28 at 8:00 AM in room W010. It is the fourth bill on the agenda.

H.B. 37 Moves to Senate; S.B. 101 Progresses to the House

H.B. 37, Administrative Rules Reauthorization, passed the House on Thursday, January 20. It will be discussed in Senate Government Operations committee on Tuesday, January 25, at 3:30 in room W020. Information about H.B. 37 is available at http://www.le.state.ut.us/~2005/htmdoc/hbillhtm/hb0037.htm.

S.B. 101, Utah Administrative Rulemaking Act Revision, passed the Senate on Wednesday, January 19. It is scheduled to be discussed in the House Government Operations on Tuesday, January 25, at 8:00 in room W010. Information about S.B. 101 is available at http://www.le.state.ut.us/~2005/htmdoc/sbillhtm/sb0101.htm.

H.B. 209, Administrative Rules - Impact on Small Businesses, Introduced

H.B. 209, Administrative Rules - Impact on Small Businesses, has been introduced. The bill amends the Title 63, Chapter 46a, Utah Administrative Rulemaking Act in two ways. It defines "small businesses". It also modifies Section 63-46a-4, requiring an agency to provide anticipated cost or savings to small businesses and business in general.

Contrary to the description provided in the bill's "Highlighted Provisions," this second change will affect proposed rules (new, amended, repealed, and repealed and reenacted), changes in proposed rules, and emergency rules.

More information about H.B. 209 is available at http://www.le.state.ut.us/~2005/htmdoc/hbillhtm/hb0209.htm.

Rulemaking, ADR Legislation Numbered

The following bills and resolutions have been numbered and are now available from the Legislature's web site.

Rulemaking Bills

• H.B. 37 -- Administrative Rules Reauthorization (Rep. D. Ure)
• S.B. 101 -- Utah Administrative Rulemaking Act Revision (Sen. H. Stephenson)

Alternative Dispute Resolution Bills

• H.B. 4 -- Divorce Mediation Program (Rep. B. Ferry)
• S.J.R. 3 -- Resolution Encouraging Mediation (Sen. C. Walker)

Rep. Hughes has opened a bill file called "Administrative Rules - Impact on Small Businesses." This bill has been requested by the Chamber of Commerce. The Division will notify agencies when the text becomes available.

ABA Admin. Law Section's Mid-Winter Meeting Program Available

The Administrative Law and Regulatory Practice Section of the American Bar Association has announced its program for the Bar's mid-winter meeting. The Section has scheduled sessions for February 10 through 13, 2005, in Salt Lake City. A PDF version of the program is available for download at http://www.abanet.org/adminlaw/ .

D'Arcy Dixon Pignanelli Named Executive Director of Administrative Services

On January 5, 2005, Governor Jon M. Huntsman, Jr. announced the appointment of D'Arcy Dixon Pignanelli as Executive Director of the Department of Administrative Services. As Executive Director, she will oversee divisions of state government that share the common function of providing service to other government agencies.

The Division welcomes D'Arcy Dixon Pignanelli. The Division also gratefully acknowledges the service and support of outgoing Executive Director S. Camille Anthony.

Rep. Goodfellow Assigned to Admin. Rules Review Comm.

At its January 5, 2005, meeting of the Administrative Rules Review Committee, Sen. Stephenson introduced Rep. Brent Goodfellow as a new member of the committee. Rep. Goodfellow fills the position on the committee vacated by Rep. Judy Buffmire.

Rulemaking Bills Approved for Filing

On January 5, 2005, the Administrative Rules Review Committee voted to file two bills as committee bills. Rep. Ure will sponsor "Administrative Rules Reauthorization" which is the committee's annual bill to reauthorize administrative rules filed pursuant to Section 63-46a-11.5. This year, the bill reauthorizes all rules.

Sen. Stephenson will sponsor "Utah Administrative Rulemaking Act Revision." The short title is something of a misnomer as it amends sections in Title 9 and 53C as well as Title 63, Chapter 46a (the Rulemaking Act). This simple bill replaces "the word 'revoke' with 'repeal' in the context of a state agency's rulemaking authority." It also "clarifies that an agency authorized to make administrative rules is also authorized to amend or repeal those rules."

As of this posting, neither bill has been numbered.