COBI 2015 - Administrative Rules

Overview
Issues
Performance
Background
Financials

Sources Uses

FY 2016 Appropriation

The Division of Administrative Rules establishes procedures for administrative rulemaking, records administrative rules, and makes administrative rules available to the public. It further administers the Utah Administrative Rulemaking Act and ensures state agencies comply with filing, publication, and hearing procedures. To accomplish these mandates the division provides training to agency rule writers and administrators, performs individual consultations, publishes a periodic newsletter, and distributes the Rulewriting Manual for Utah. The division also provides regular notices to agencies of rules due for five-year review, rules about to expire, and rules about to lapse.

Administrative rules have the effect of law meaning that an administrative rule can be enforced by the courts and that a citizen or business that violates a rule may be subject to the loss of a license, civil penalties, or the like. In 1998, the division enacted amendments to Section R15-4-10, outlining the detail necessary in answering the budget-related questions required by law. Further, UCA 63G-3-501 creates a legislative Administrative Rules Review Committee to exercise continuous oversight of the rule-making process.

Funding History

Appropriation Overview

During the 2015 General Session, the Legislature appropriated for Fiscal Year 2016, $441,300 from all sources for Administrative Rules. This is a 2.1 percent reduction from Fiscal Year 2015 revised estimated amounts from all sources. The total includes $426,300 from the General/Education Funds, a reduction of 1.9 percent from revised Fiscal Year 2015 estimates.

Appropriation Adjustments

In addition to statewide compensation and internal service fund cost increases, the following appropriation adjustments were made during the 2015 General Session:

DescriptionOngoingOne-Time DAS Finance Reallocation of Nonlapsing Balance$0$25,000

OngoingOne-TimeFinancing Source

$0$25,000Beginning Nonlapsing - Finance

DAS Finance Reallocation of Nonlapsing Balance

Timeliness of the Administrative Bulletin Availability

Timely availability of the Utah Administrative Code (UAC) plays a critical role in how Utah's regulatory system works. Public access to administrative rules increases the likelihood of compliance. Public access also provides citizens with an understanding of government's expectations and requirements. The division works to have the UAC available on the web by the tenth of the month. Anything after the tenth of the month is considered late. Note that the Governor's Office of Management and Budget is currently revamping the performance measures for Administrative Services.

Average Time to Update the Utah Administrative Code on the Internet

Timeliness of the Administrative Bulletin Availability

Statute

The Utah Administrative Rulemaking Act, UCA 63G-3, outlines the rulemaking process:

UCA 63G-3-102 defines a "rule" as an agency's written statement that is explicitly or implicitly required by law, implements or interprets a state or federal mandate, and applies to a class of persons or another agency
UCA 63G-3-201 requires each agency to maintain a current version of its rules and make it available to the public. Each agency must make rules when agency action authorizes, requires, or prohibits an action, provides or prohibits a material benefit, applies to a class of persons or another agency, and is explicitly or implicitly authorized by statute
UCA 63G-3-202 gives agency rules the effect of law if they are properly established
UCA 63G-3-301 outlines the proper rulemaking procedure. Subsection (3) requires each agency to develop flexible approaches in its rulemaking that meet the agency needs and involve the people affected by the rules. Subsection (4)(a) requires each agency to file its proposed rule and rule analysis with the Division of Administrative Rules. The division must publish the rule and rule analysis in its bulletin. The rule analysis must comment on anticipated costs or savings to governments, businesses, and citizens
UCA 63G-3-304 allows for emergency rulemaking in extreme cases; these rules are effective for 120 days
UCA 63G-3-401 creates the Division of Administrative Rules within the Department of Administrative Services
UCA 63G-3-402 charges the division with the responsibility of regulating the filing, publishing, and hearing of proposed rules. It also requires the division to publish effective rules and proposed rule changes through two primary publications: the Utah Administrative Code and the Utah State Bulletin respectively. All funds appropriated or collected for publishing these publications are made nonlapsing
UCA 63G-3-501 creates a legislative Administrative Rules Review Committee to exercise continuous oversight of the rulemaking process
UCA 63G-3-702 requires the division to maintain the official compilation of the Utah Administrative Code and be the repository for administrative rules

The Utah State Bulletin acts as state government's main means of notifying the public of rules being proposed by state agencies as well as the basic tool for soliciting public comment. The Bulletin, issued electronically on the first and fifteenth of each month, is Utah's version of the Federal Register. In addition to proposed rules, the Bulletin includes emergency rules, notices of five-year reviews, effective notices, other public notices from state agencies, indexes of effective rules, and executive orders.

The Utah Administrative Code provides a unified source for effective rules with which state government, local entities and citizens are required to comply. The Code is Utah's version of the Code of Federal Regulations. The Code is available electronically over the Internet. Print and CD-ROM versions are available from private source vendors.

UCA 63G-3-402(5) gives this budget nonlapsing authority.

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Funding Source

Expenditure Category

Appropriation Type:

Appropriation History by

Programs	FY11 Actual	FY12 Actual	FY13 Actual	FY14 Actual	FY15 Approp	FY15 Change	FY15 Revised	FY16 Change	FY16 Approp
DAR Administration	362,200	378,400	372,200	392,700	434,400	16,200	450,600	(9,300)	441,300
Rules Publishing	0	0	0	0	0	0	0	0	0
Total	$362,200	$378,400	$372,200	$392,700	$434,400	$16,200	$450,600	($9,300)	$441,300

Sources of Finance	FY11 Actual	FY12 Actual	FY13 Actual	FY14 Actual	FY15 Approp	FY15 Change	FY15 Revised	FY16 Change	FY16 Approp
General Fund	360,700	359,100	368,700	397,000	406,900	0	406,900	14,000	420,900
General Fund, One-time	0	0	0	1,200	27,500	0	27,500	(22,100)	5,400
Beginning Nonlapsing	25,000	23,500	4,200	700	0	6,200	6,200	8,800	15,000
Beginning Nonlapsing - Finance	0	0	0	0	0	25,000	25,000	(25,000)	0
Closing Nonlapsing	(23,500)	(4,200)	(700)	(6,200)	0	(15,000)	(15,000)	15,000	0
Total	$362,200	$378,400	$372,200	$392,700	$434,400	$16,200	$450,600	($9,300)	$441,300

Categories of Expenditure	FY11 Actual	FY12 Actual	FY13 Actual	FY14 Actual	FY15 Approp	FY15 Change	FY15 Revised	FY16 Change	FY16 Approp
Personnel Services	316,100	322,700	329,700	344,200	358,200	3,800	362,000	10,500	372,500
Out-of-state Travel	0	0	0	1,900	2,300	0	2,300	0	2,300
Current Expense	6,600	6,500	11,400	8,600	10,600	25,200	35,800	(18,100)	17,700
DP Current Expense	39,500	49,200	31,100	38,000	63,300	(12,800)	50,500	(1,700)	48,800
Total	$362,200	$378,400	$372,200	$392,700	$434,400	$16,200	$450,600	($9,300)	$441,300

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Other Indicators	FY11 Actual	FY12 Actual	FY13 Actual	FY14 Actual	FY15 Approp	FY15 Change	FY15 Revised	FY16 Change	FY16 Approp
Budgeted FTE	3.80	4	4	4	4	0	4	0	4
Actual FTE	3.76	3.87	3.90	3.90	0	0	0	0	0

COBI contains unaudited data as presented to the Legislature by state agencies at the time of publication. For audited financial data see the State of Utah's Comprehensive Annual Financial Reports.