RulesNews

"Word Underline" is Not the Same as Underline

When an agency prepares a rule for amendment, additions must be underlined and deletions must be struck out and surrounded by brackets. Recently, an agency attempted to use a Microsoft Word formatting feature called "word underline". This feature uses different codes to mark the text, and is therefore treated differently.

In order to assure that the rule text you prepare turns out the way you intend, please use the standard underlining feature only when you are preparing additions to rule text. If you have questions, please contact Mike Broschinsky (801-538-3003).

Petitions, Consideration of Public Comment; and Criminal Penalties

At its July 11th meeting, the Legislature's Administrative Rules Review Committee unanimously supported a motion that the committee open a bill file to amend the rulemaking act in two areas. First, the committee will address the length of time an agency has to respond to a rulemaking petition and what it means to "initiate" rulemaking (see Section 63-46a-12). Second, the committee will address the practice of making a rule effective the day after the comment period closes. Concern was expressed that some public comment is not being adequately considered before agencies are making rules effective. Specific provisions were not discussed in today's meeting.

Another issue, concerning criminal penalties for violating provisions of rule, was addressed. After a discussion of two Forestry, Fire, and State Lands rules, Sen. Stephenson directed staff to research provisions of statute that provide for a criminal penalty for violation of rules. From the discussion, it sounded as though it was the committee's preference was to eliminate such provisions and address the specific issues in statute.

These issues will be discussed in a future meeting. The Administrative Rules Review Committee meeting agendas are posted at http://le.utah.gov/asp/interim/Commit.asp?Year=2005&Com=SPEADM . Future meetings have been tentative scheduled for: July 26 at 9:00 a.m.; August 9 at 8:30 a.m.; and August 23 at 9:00 a.m.

Rulemaking Petitions

At the June 27 meeting of the Administrative Rules Review Committee, a discussion about a specific incident with one agency included a discussion of Section 63-46a-12. This section of the rulemaking act addresses petitions for rulemaking. Subsection (4) imposes a 30-day response requirement on agencies (deny the petition or "initiate" rulemaking).

There was discussion about the meaning of the term "initiate" and the shortness of the 30-day period.

The Administrative Rules Review Committee has scheduled this issue for additional discussion at its next meeting (1st substantive item on the agenda). If you have received petitions in the past, you may want to send someone to this meeting.