RulesNews

Rules Still Due for Review in 2007

Section 63-46a-9 requires each agency to review its rules within five years of each rule's original enactment, 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, unreviewed rules will expire, become unenforceable, and will be removed from the Utah Administrative Code. 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. Current rule text in RTF format is available from http://www.rules.utah.gov/publicat/code.htm. You may also 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 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 of 10/26/2007, the following rules are still due for review before the end of 2007.

Administrative Services

R13. Administration.
R13-3. 12/11/07

R33. Purchasing and General Services.
R33-1. 11/27/07
R33-2. 11/27/07
R33-3. 11/27/07
R33-4. 11/27/07
R33-5. 11/27/07
R33-8. 11/27/07

Community and Culture

R202. Housing and Community Development, Community Services.
R202-100. 11/26/07

Corrections

R251. Administration.
R251-112. 12/30/07

Environmental Quality

R305. Administration.
R305-2. 11/08/07 - ext: 03/07/08
R305-3. 11/08/07 - ext: 03/07/08

Financial Institutions

R337. Credit Unions.
R337-4. 12/23/07

Health

R380. Administration.
R380-50. 11/26/07

R410. Health Care Financing.
R410-14. 11/26/07

R414. Health Care Financing, Coverage and Reimbursement Policy.
R414-2A. 11/26/07
R414-2B. 11/26/07
R414-3A. 11/26/07
R414-4x. 12/31/07
R414-22. 12/31/07
R414-29. 11/26/07
R414-32. 12/31/07
R414-504. 12/31/07

R426. Health Systems Improvement, Emergency Medical Services.
R426-6. 11/26/07

R432. Health Systems Improvement, Licensing.
R432-31. 12/19/07
R432-40. 12/19/07
R432-151. 12/19/07
R432-500. 12/03/07

R436. Center for Health Data, Vital Records and Statistics.
R436-1. 11/26/07
R436-2. 11/26/07
R436-3. 11/26/07
R436-4. 11/26/07
R436-6. 12/03/07
R436-7. 11/26/07
R436-8. 11/26/07
R436-9. 11/26/07
R436-10. 11/26/07
R436-11. 12/03/07
R436-12. 11/26/07
R436-13. 11/26/07
R436-14. 11/26/07
R436-15. 11/26/07
R436-16. 11/26/07
R436-17. 11/26/07

Human Services

R495. Administration.
R495-861. 12/23/07

R501. Administration, Administrative Services, Licensing.
R501-1. 11/25/07
R501-2. 11/25/07
R501-7. 11/25/07
R501-8. 11/05/07
R501-11. 11/25/07
R501-12. 11/15/07
R501-13. 11/07/07

R512. Child and Family Services.
R512-20. 12/13/07
R512-50. 12/13/07

R523. Substance Abuse and Mental Health.
R523-1. 12/11/07

R527. Recovery Services.
R527-928. 12/05/07

R539. Services for People with Disabilities.
R539-1. 12/18/07

Insurance

R590. Administration.
R590-131. 11/27/07
R590-141. 11/27/07
R590-152. 11/27/07
R590-153. 11/27/07

Labor Commission

R614. Occupational Safety and Health.
R614-1. 11/25/07
R614-2. 11/25/07
R614-3. 11/25/07
R614-4. 11/25/07
R614-5. 11/25/07
R614-6. 11/25/07
R614-7. 11/25/07

Money Management Council

R628. Administration.
R628-18. 11/06/07

Natural Resources

R641. Oil, Gas and Mining Board.
R641-100. 12/09/07
R641-101. 12/09/07
R641-102. 12/09/07
R641-103. 12/09/07
R641-104. 12/09/07
R641-105. 12/09/07
R641-106. 12/09/07
R641-107. 12/09/07
R641-108. 12/09/07
R641-109. 12/09/07
R641-110. 12/09/07
R641-111. 12/09/07
R641-112. 12/09/07
R641-113. 12/09/07
R641-114. 12/09/07
R641-115. 12/09/07
R641-116. 12/09/07
R641-117. 12/09/07
R641-118. 12/09/07
R641-119. 12/09/07

R653. Water Resources.
R653-2. 12/13/07
R653-3. 12/13/07
R653-4. 12/16/07
R653-5. 12/16/07
R653-6. 12/16/07
R653-7. 12/17/07
R653-8. 12/17/07

R657. Wildlife Resources.
R657-23. 12/31/07
R657-33. 12/31/07

Public Safety

R714. Highway Patrol.
R714-158. 12/17/07
R714-200. 12/17/07
R714-220. 12/17/07
R714-230. 12/17/07
R714-240. 12/17/07
R714-300. 12/17/07
R714-550. 12/17/07

Public Service Commission

R746. Administration.
R746-100. 12/06/07
R746-101. 12/06/07
R746-200. 12/06/07
R746-310. 12/06/07
R746-320. 12/06/07
R746-343. 12/13/07
R746-346. 12/20/07
R746-356. 12/20/07

School and Institutional Trust Lands

R850. Administration.
R850-70. 12/04/07
R850-83. 11/04/07

Technology Services

R895. Administration.
R895-12. 12/12/07

How Large is that Rule You're About to File?

If you are getting ready to file a rule, stop and look at the size of the file. If the rule text is more than 60 kilobytes or about four pages, please follow these simple instructions or call Administrative Rules (801-538-3218) before you attempt to attach the text to your filing. Thanks!

Rules Returned for Correction? Come get a Rulemaking Refresher

If you feel like you are responding to correction notices every time you file a rule, you may want to take a couple of hours for a rulemaking refresher. The Division of Administrative Rules has scheduled rulemaking training on Wednesday, November 14. Staff will focus the morning session (9 a.m. to noon) on completing rule forms. The afternoon session (1:30 to 3:30 p.m.) will be centered on preparing rule text.

Reviewing the rules sent back over the last quarter, it appears that some agencies find the forms particularly challenging, but not the text. Others find the opposite to be true. Agency rule filers may attend the morning session, afternoon session, or both.

Seating is limited. Those wishing to attend must RSVP to Sophia Manousakis at "smanousa" at "utah.gov" no later than 5:00 p.m. on Friday, November 9. 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 session.

As always, the Division staff is available to provide specific, one-on-one training to any state agency. To schedule one-on-one training, please contact Ken Hansen (801-538-3777).

Criminal Penalties and Rules, Part III

The Legislature's Administrative Rules Review Committee (ARRC) met on October 23. Toward the end of the meeting (2:21:00 on the audio recording of the meeting), Rep. Ben Ferry announced that he had opened a bill file to address the criminal penalties issue. For background, see "Statutes Imposing a Criminal Penalty for Violating a Rule, Part II".

The ARRC's efforts to have interim committees review this issue have met with mixed results. Now, it appears, that the ARRC will end up addressing the issue after all.

Rep. Ferry indicated his bill will say to agencies, "you cannot incarcerate by rule, and you can’t impose a felony by rule." It is Rep. Ferry's intent to have this issue scheduled on the agenda of a subsequent ARRC meeting.

Agencies may contact Ken Hansen (801-538-3777) with questions about this issue.

Five-Year Reviews

The five-year review process required by the rulemaking act is intended as a way to ensure that only current rules appear in the administrative code. Each agency is required to review each of its rules at least once every five years. The agency has the option of reviewing rules on a more frequent basis. More frequent reviews make sense for rules that receive a good deal of public comment, or for rules that are almost entirely rewritten.

A five-year review is different from a proposed rule in a number of ways.

• A five-year review is a statement by the agency justifying the continued necessity of the rule.
• There is no public comment period associated with a five-year review. Five-year reviews are considered effective on the date they are received by the Division.
• The statute expects an agency to summarize (not repeat verbatim) written comments received since the rules' first effective date, or its last five-year review, whichever is more recent.
• A five-year review does not change rule text. The Division asks agencies to provide a copy of the current rule text as a method of verifying that the Division's text and the agency's text match.

The statute requires the Division to provide agencies with 180 days advanced notice of administrative rules due for review. In practice, the Division sends agencies quarterly notices of rules due for review, so in some instances agencies will receive much more than 180-days notice.

Please refer questions about five-year reviews to Ken Hansen at 801-538-3777.

Is a Hearing Required for that Rule?

In general, Utah's rulemaking statute does not require an agency to schedule a hearing when it files a proposed rule. However, Section 63-46a-5 provides that:

(2) Each agency shall hold a public hearing on a proposed rule, amendment to a rule, or repeal of a rule if:

(a) a public hearing is required by state or federal mandate;

(b) (i) another state agency, ten interested persons, or an interested association having not fewer than ten members request a public hearing; and

(ii) the agency receives the request in writing not more than 15 days after the publication date of the proposed rule.

The statute continues:

(3) The agency shall hold the hearing:

(a) before the rule becomes effective; and

(b) no less than seven days nor more than 30 days after receipt of the request for hearing.

For these types of hearings, an agency must follow the specific procedures spelled out in Rule R15-1.

An agency may also schedule a rulemaking hearing at its option.

If you have questions about rule hearings, please contact Ken Hansen at 801-538-3777.

Draft Recodification Bill Available

A draft version of the bill that will recodify Title 63 is now available. It was presented to the Government Operations Interim Committee on October 17. The bill text is available at http://le.utah.gov/interim/2007/html/00001745.htm. Do not plan to print this bill. It is 3,097 pages long -- over 6 reams of paper. Audio of the committee presentation is available at http://le.utah.gov/ASP/Interim/Commit.asp?Year=2007&Com=INTGOC.

Agency Access to Utah Law

For many years, the state of Utah has had a contract (currently Contract AR-997) with LexisNexis Matthew Bender & Company, Inc. to provide integrated legal databases for state government. The Division of Administrative Rules pays for state executive branch access to this contract. In return, executive branch agencies have free access to a CD subscription or an online product that LexisNexis calls Utah Primary Law (formerly known as Utah Law on Disc).

The Utah Primary Law product includes the following legal resources:

• Utah Code Annotated, 1953,
• Utah Session Laws for 2007,
• Utah Legislative Rules,
• Utah Code Annotated Citator,
• Utah Constitutional Convention Proceedings,
• Utah Court Opinions,
• Federal Judicial Decisions (related to Utah),
• Utah Court Rules Annotated,
• Utah Administrative Code Annotated,
• Utah Tax Advisory Opinions,
• Utah Tax Commission Decisions,
• Utah Public Service Commission Decisions,
• State Records Committee Appeal Decision Summaries,
• Utah Executive Documents,
• Opinions of the Attorney General,
• Utah Law Reviews, and
• Utah State Bar Ethics Advisory Committee Opinions

State employees may access the Utah Primary Law extranet site from any computer with a state-assigned IP address by pointing their browser to http://www.michie.com/utahextranet .

Executive Branch employees needing access to the Utah Primary Law CDs may contact Ken Hansen (801-538-3777) for more information.

LexisNexis also makes a copy of the Utah Code Unannotated available free of charge to anyone. This product is available at http://www.michie.com/utah .