Administrative Rules Review Committee
Members Present:
Sen. Howard Stephenson, Cochair Rep. John B. Arrington
Rep. Byron L. Harward, Cochair Rep. James R. Gowans
Sen. David L. Buhler Rep. Martin R. Stephens
Sen. Mike Dmitrich
Staff Present: Members Excused:
Arthur L. Hunsaker, Research Analyst Rep. David Ure
Esther D. Chelsea-McCarty, Associate General Counsel
Barbara A. Teuscher, Committee Secretary
Note: A list of others present and a copy of materials distributed in the meeting are on file in the Office of Legislative Research and General Counsel .
1. Call to Order and Approval of Minutes of Meeting Held November 27, 1996
Chair Stephenson called the meeting to order at 9:10 a.m.
MOTION: Rep. Harward moved to approve the minutes of November 27, 1996. The motion passed unanimously.
2. Introduction/Remarks _ Howard A. Stephenson, Senate Chair _ Chair Stephenson requested staff and committee members to introduce themselves and the districts they represent. He noted that there will be two more senators appointed to the committee.
3. Administrative Rulemaking and Oversight _
a. Statutory Charge of Committee _ Committee Staff _ Mr. Hunsaker briefly discussed the committee's statutory charge of exercising continuous oversight of the rulemaking process.
Rep. Harward gave background information of what was discussed at the time the committee was created and the oversight process that has developed.
Chair Stephenson indicated that the idea of the Legislature having oversight of executive branch rulemaking has been expanding throughout the nation. He believes it is appropriate for the Legislature to determine whether rules have statutory authority and are in harmony with legislative intent.
b. Rulemaking Process and Publications _ Ken Hansen, Director, Division of
Administrative Rules _ Mr. Hansen acknowledged Ms. Nancy L. Lancaster, Publications Editor and Michael G. Broschinsky, Administrative Code Editor. He then distributed a handout
from which he gave his presentation. Mr. Hansen gave background information on the
rulemaking process and what the division intended to accomplish. He presented an overview of
the rulemaking process, the types of rules, what an administrative rule is, and information about
the rules publications. Mr. Hansen said the Utah Administrative Rulemaking Act - Title 63,
Chapter 46a is the foundation. In summary, he stated that no one can regulate unless the person
has been given the authority to do so. The reason for this process is that it allows for public
participation.
Rep. Harward explained the process used by the committee in examining rules.
c. Role of Governor's Office _ Kent Bishop, Office of Planning and Budget _ Mr. Bishop distributed a copy of an executive order issued by Governor Bangerter for all state
agencies to review their own administrative rules and to put an internal review process in place.
The order indicated that the Office of Planning and Budget would ask for agency cooperation in
the process.
d. Administrative Rules Review Committee Process _ Committee Staff _ Mr. Hunsaker explained how the committee reviews proposed and existing rules, and the purpose of
the committee's annual rules reauthorization bill. Committee discussion followed.
Ms. Chelsea McCarty explained the format that is used when preparing an existing rule
analysis of an agency's rules.
Rep. Harward said certain rules are required by statute. He indicated that if a rule affects
a class of persons; another agency; confers a benefit; restricts a benefit; or imposes an obligation;
it has to be done by administrative rule and not by internal policy.
Chair Stephenson indicated that there are very competent rule writing agencies and there
are also agencies that need help. He said Mr. Bishop's office helps agencies to make sure their
rules are done correctly.
e. Remarks -- Rep. Harward, House Chair _ Rep. Harward said that rules are law and people are regulated by them. He explained the process by which rules become law and the
differences between the legislative process and the rules process. Rep. Harward spoke of the
importance of statutory authority for rules. There are times when authorization is explicit but
there are also very important implicit authorizations. He explained that if an agency is given the
power to regulate conduct, they have been given power to write an administrative rule. He then
discussed the political dynamics of the process.
4. Current Issues
a. Review of Administrative Rules Legislation _ 1997 General Session
c. Accessing Administrative Code _ In the interest of time, these agenda items will be presented at the next Administrative Rules Review Committee meeting.
b. Committee Work Plan - 1997 _ Mr. Hunsaker explained the previous procedure used to look at rules in the past in order to accomplish the amount of work that the committee
wanted to address in a particular year. He presented two proposals: 1) to divide the rules of the
state into five groups for assignment to two members of the committee; or (2) divide the rules
into ten groups so that each committee member would have their own assignment.
Mr. Hunsaker also distributed a list of all rules that are up for five year review this year.
Committee discussion and public comment followed.
Mr. Ken Hansen explained what takes place once a rule is up for five year review.
MOTION: Rep. Harward moved that the committee direct staff to review the Utah State Bulletin before each meeting and bring issues back to the committee for consideration by the
committee, and that the rules be divided up for legislators to review with legislative perspective.
The motion passed unanimously.
MOTION: Rep. Stephens moved to have staff review all of the Department of Professional Licensing's rules. The motion failed in the Senate. Sen. Buhler declared a conflict
of interest.
MOTION: Rep. Harward moved that the committee take the list as divided into ten groups and assign one committee member to each group with the understanding the committee
members may also read rules outside their area if they choose.
SUBSTITUTE MOTION: Sen. Dmitrich moved for the chairs to make the assignments from the grouping of five. The motion passed unanimously.
Committee Business
a. Date of Next Meeting - June 23rd, 9:00 a.m, Room 305.
5.
Adjourn _ MOTION: Rep. Stephens moved to adjourn the meeting at 11:35 a.m. The motion passed unanimously.
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