RulesNews

Reminder to Agencies -- Rules Explicitly Mandated by Legislation Passed in 2007 Must be Filed by 10/27/2007

H.B. 327 (2007) established a new rulemaking deadline. Now, an agency has 180 days from the effective date of legislation to file a rule that is explicitly mandated by the legislation.

• For legislation effective 04/30/2007, mandated rules must be filed by 10/27/2007.
• For legislation effective 07/01/2007, mandated rules must be filed by 12/28/2007.

If the agency cannot meet the deadline, it must schedule an appearance before the Administrative Rules Review Committee to explain the delay. Mr. Art Hunsaker, analyst assigned to the Administrative Rules Review Committee, may be reached at 538-1032.

Agencies may contact Ken Hansen (801-538-3777) with questions about H.B. 327.

Impact of Planned Title 63 Recodification

The Legislature is planning to recodify Title 63, State Affairs in General, during the 2008 General Session. The recodification will have an associated impact on the rules from almost every department.

An analysis of the administrative rules in effect on 05/01/2007 shows that agencies will have to change 1,261 references to Title 63 that currently appear in rule. With the recodification and the corresponding change required in the administrative code, the Division expects that agencies will submit more than 1,700 rule filings during FY 2008.

The Division's analysis of the 05/01/2007 code shows that agencies will need to file 431 nonsubstantive changes, with Administrative Services and Environmental Quality having to submit the most filings, in response to the recodification.

Agencies may contact Ken Hansen (801-538-3777) to discuss the impact of the recodification.