RulesNews

Small Business Impact Bill to Return in 2007 General Session

At its meeting on Wednesday, September 20, 2006, the Business and Labor Interim Committee approved as a committee bill "Impact of Administrative Rules on Small Businesses." This bill is essentially the same as S.B. 157 (2006) except that the committee decided to change the definition of small business from "businesses employing fewer than 50 persons" to "businesses employing fewer than 100 persons." Rep. Stephen D. Clark will sponsor the bill.

eRules Issues

As some of you have no doubt noticed, eRules doesn't always behave the way we would like it to. Text can't be attached, forms can't be saved, fortunes can't be told (no, wait, that's eCrystalBall). In short, sometimes eRules just makes us want to scream. Here are some of the more common problems we have noticed, and some suggestions on how to keep them from forcing us into a deep, dank pit of despair.

1) Sometimes users will receive "Page cannot be displayed" errors when attaching text. There are two usual causes for this: a) a Word or WordPerfect version of the text was uploaded instead of an RTF version; or b) the text file is too big.

If you have received a "Page cannot be displayed" error when attaching text, the first thing you should do is to make sure that the text you are attaching really is in RTF format. I mean really sure. I mean so sure that you're even more sure of the text being in RTF than of the sun rising in the morning. Really sure. Once you're sure the text is in RTF, close your web browser, open it again, log into eRules again, and try the upload again.

If the text is in RTF (because you made really sure it was) and the upload still fails, then check the size of the file (you can do this by navigating to the file using My Computer in Windows, selecting it, and viewing the file details). Is the size of the file over 60 kilobytes? If yes, then the size of the file is the difficulty. eRules has been experiencing more and more problems with large files recently.

Follow this procedure: 1) create a file containing the words "This is a placeholder for the text for RXXX-YYYY"; 2) save this file in RTF, and upload it with the rule analysis; 3) send an email message with the real text attached to the Rules email box.

If you have just entered an enormous amount of text in the form and haven't saved as draft to this point, see 3) below.

2) Sometimes users will receive "Page cannot be displayed" errors when submitting corrections to a filing. This error is typically associated with a certain degree of panic (identifiable by increased heart rate and an overwhelming desire to throw the PC out the window). In the immortal words of Douglas Adams "Don't panic!"

Close your web browser, open it again, log into eRules again, go into the filing and check if the red banner correction notice still appears and whether the changes you made are still there. In all likelihood the banner will be gone and the changes will be saved.

3) Sometimes users will receive "Page cannot be displayed" errors when... well, just because. The moon is in the seventh house (apologies to the Fifth Dimension), the earth tilted on its access, eRules is simply having a bad day and wants to take it out on someone, who knows? This error is most annoying when it comes after you have entered the most scintillating, well-crafted, graceful prose imaginable in response to the cost box questions.

If you haven't been saving as draft regularly, then you are in a sticky situation. Click on the browser's back button. Yes, really, though in all other cases you should avoid using the browser buttons for navigation in eRules. Pressing the back button should retrieve the form you were working on with the text still in the boxes. Copy and paste the contents of the boxes to a Word, WordPerfect, or Notepad document. Then close the web browser and start again.

Remember:

• Always regularly use the "Save as draft button"
• Never use the browser back buttons to navigate in eRules (except as I suggested above)
• Always call if there is anything that doesn't seem right
• Never assume that technology never fails

The Division of Administrative Rules is requesting additional funding for FY 2007 to address these problems with eRules. We'll keep you posted on developments.

Tools for Rules: Building a 21st Century Toolkit for Regulation Writers

*This announcement was originally posted to Harvard's e-rulemaking ListServ on 09/07/2006. With Dr. Shulman's permission, it is reposted here.*

Join members of the eRulemaking Research Group ( http://erulemaking.ucsur.pitt.edu/ ) to help test experimental human language tools designed to assist regulation writers who must review and address public comments. With funding from the National Science Foundation, the eRulemaking Research group has developed a set of new tools (such as duplicate/near duplicate detectors and sub-topic classifiers) specifically tailored to the challenge of sorting and reviewing large numbers of public comments. This 90 minute experiment will be conducted in the Bureau of Labor Statistics Behavior Research Lab. At these sessions, we will briefly introduce agency personnel to the project and the tools. After the briefing, all participants will complete a small set of tasks in a semi-structured, computer lab environment. The break will be followed by a 60 minute focus group.

Any information obtained in connection with these studies and that can be identified with you will remain confidential. Subject identities will be kept confidential through the use of third-person anonymous references in the text of manuscripts.

Where: U.S. Bureau of Labor Statistics, Postal Square Building ("Postal Museum" Building, Room 1950, 2 Massachusetts Ave., NE , Washington , DC 20212-0001 . You must enter BLS through the Visitors' Entrance on 1st Street NE (between the Postal Square Building and Union Station) and be prepared to show a picture ID. The guards will provide directions to Room 1950 and as you exit the elevator to 1950 you will see directions to the Research Lab posted in full view.

When: Friday, September 29, 2006. There will be a total of 3 sessions. If you are able to attend, please select one session that suits your schedule.

Group I begins at 9:00 am and ends at 12:00 am (catered lunch when done)

Group II begins at 11:00 am and ends at 12:00 pm (catered lunch over break)

Group III begins at 2:00 pm and ends at 500 pm (coffee, drinks, and snacks over break)

Who: Personnel from federal agencies involved in the processing of public comments are invited to attend this event.

Why: All new technology requires user testing. With National Science Foundation funding, we have constructed these tools to assist agency personnel who are at times facing a "virtual" flood of comments generated by interest groups interested in using rulemaking as a platform for political pressure or membership drives. By attending one of these sessions, you will increase the likelihood that such tools will work and that they will move from the research lab into regular agency practice.

How: Send an email to Shulman@pitt.edu indicating which session you would like to attend.

This research project was made possible with the following grants from the National Science Foundation : IIS-0429293 "Collaborative Research: Language Processing Technology for Electronic Rulemaking," EIA-00328914 "SGER COLLABORATIVE: A Testbed for eRulemaking Data," SES-0322662 "Democracy and E-Rulemaking: Comparing Traditional vs. Electronic Comment from a Discursive Democratic Framework," and EIA-0089892 "SGER: Citizen Agenda-Setting in the Regulatory Process: Electronic Collection and Synthesis of Public Commentary."

Dr. Stuart W. Shulman
Assistant Professor
School of Information Sciences
Graduate School of Public and International Affairs
Senior Research Associate
Qualitative Data Analysis Program, Director
University Center for Social and Urban Research
University of Pittsburgh
121 University Place, Suite 600
Pittsburgh , PA 15260
412.624.3776 (v) 412.624.4810 (f)
http://shulman.ucsur.pitt.edu/ (home page)

Formatting Reminders

When filing text for a five-year review, the text may not reflect amendments that are not yet effective. It must match the text on file with the division. Five-year review text that includes underlining or strikeout will be returned for correction. The Division of Administrative Rules will change the "Notice of Continuation" date when the five-year review is codified.

The only formatting allowed in filed text is bold, tabs (except for in tables--these can only be spaced), underline, and strike-through. No other codes (italics, indents, outlining, tables) are allowed. Rule text may also not include styles, line numbering, page numbering, and headers or footers.

These formatting requirements are not new. In the past, the Division has tried to fix minor formatting problems so that rules could be published on time. Now, with only one editor available to prepare rules for publication, the division's resources are at a premium. Rule text will be returned to the agency for correction.

Call Nancy Lancaster (801-538-3218) if you have rule formatting questions.

Oops! Bad Advice on Rule Formatting

The Division recently sponsored rulewriting training sessions among most state agencies. Since that training, we have returned several rule filings as incomplete and received the response, "but that is how we were told to do it!" Our most humble apologies.

When you file a rule affecting just one section, you must include the following for the rule to be correctly formatted:

At the beginning of the rule text, include the title catchline, the rule catchline, and the section catchline -- for example:

R15. Administrative Services, Administrative Rules.
R15-4. Administrative Rulemaking Procedures.
R15-4-3. Publication Dates and Deadlines.

Include the complete text for the section affected. Single or selected paragraphs of the entire section will be returned for correction.

At the end of the rule text, include key words, date of enactment or last substantive amendment, and statutory citations, for example:

KEY: administrative law
Date of Enactment or Last Substantive Amendment: July 1, 1998
Notice of Continuation: September 29, 2005
Authorizing, and Implemented or Interpreted Law: 63-46a-10

Please contact Nancy Lancaster (801-538-3218) if you have questions.

Who They Gonna Call?

The Division of Administrative Rules receives a considerable number of calls from individuals with questions about specific rules. Staff at the division ends up looking up phone numbers and transferring calls.

In order to better serve the public, the Division plans to provide on its web site a general phone number for each rulewriting department or agency. In its initial version, the list will only provide department name and a general phone number as follows:

• Administrative Services (Titles R13 through R37) -- 801-538-3010
• Agriculture and Food (Titles R51 through R70) -- 801-538-7100
• Alcoholic Beverage Control (Title R81) -- 801-977-6800
• Attorney General (Title R105) -- 801-538-9600
• Auditor (Title R123) -- 801-538-1025
• Capitol Preservation Board (State) (Title R131) -- 801-538-3074
• Career Service Review Board (Title R137) -- 801-538-3048
• Commerce (Titles R151 through R164) -- 801-530-6646
• Community and Culture (Titles R182 through R235) -- 801-538-8700
• Corrections (Title R251) -- 801-545-5500
• Crime Victim Reparations (Title R270) -- 801-238- 2360
• Education (Titles R277 through R280) -- 801-538-7500
• Environmental Quality (Titles R305 through R317) -- 801-536-4400
• Fair Corporation (Utah State) (Title R325) -- 801-538-8400
• Financial Institutions (Titles R331 through R343) -- 801-538-8830
• Governor (Titles R355 through R361) -- 801-538-1000
• Health (Titles R380 through R448) -- 801-538-6101
• Housing Corporation (Utah) (Title R460) -- 801-521-6950
• Human Resource Management (Title R477) -- 801-538-3025
• Human Services (Titles R495 through R525) -- 801-538-4171
• Insurance (Titles R590 through R592) -- 801-538-3800
• Judicial Conduct Commission (Title R595) -- 801-533-3200
• Labor Commission (Titles R602 through R616) -- 801-530-6800
• Lieutenant Governor (Titles R622 through R623) -- 801-538-1500
• Money Management Council (Title R628) -- 801-538-1883
• Natural Resources (Titles R634 through R657) -- 801-538-7200
• Pardons (Board Of) (Title R671) -- 801-261-6464
• Professional Practices Advisory Commission (Title R686) -- 801-538-7500
• Public Lands Policy Coordinating Office (Title R694) -- 801 537-9046
• Public Safety (Titles R698 through R728) -- 801-965-4461
• Public Service Commission (Title R746) -- 801-530-6716
• Regents (Board Of) (Titles R765) -- 801-321-7100
  • College of Eastern Utah (Title R767) -- 435-613-5205
  • Salt Lake Community College (Title R784) -- 801-957-4041
  • University of Utah (Titles R805 through R810) -- 801-585-7002
• School and Institutional Trust Lands (Title R850) -- 801-538-5100
• Tax Commission (Titles R861 through R884) -- 801-297-2200
• Technology Services (Title R895) -- 801-537-9000
• Transportation (Titles R907 through R926) -- 801-965-4000
• Transportation Commission (Title R940) -- 801-965-4103
• Treasurer (Title R966) -- 801-538-1042
• Workforce Services (Titles R982 through R994) -- 801-526-9675

Agencies should contact the division (801-538-3764) to provide specific names and phone number of contact persons who can respond to rule-related questions.