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Show After drafting a rule, agencies are required to "file" their proposed rule, including a rule analysis, with the Division of Administrative Rule ("the Division") for publication.16 Once filed, the Division must send a copy of the rule analysis to "all persons who have made a timely request of the agency for advance notice of its rulemak-ing proceedings and to any other person who [by law] or in the judgment of the agency, should also receive notice."17 Once a proposed rule is filed with and published by the Division, the agency making the rule is required by Utah Code to "allow at least 30 days for public comment on the [proposed] rule."18 Thereafter, unless amended or withdrawn as a result of public comment, a rule becomes effective "no more than 120 days after the [rule's] publication date."19 Who Is Responsible for the Publication of Administrative Rules in Utah? Created in 1985, the Division of Administrative Rules is the agency within Utah state government responsible for the collection and publication of administrative rules promulgated by state agencies. Utah Code requires the Division to, among other tasks, create a register to record "the receipt of all agency rules, rule analysis forms, and notices of effective dates,"20 to make available "the register, copies of all proposed rules, and rulemaking documents"21 for public inspection, and to "publish all proposed rules, rule analyses, notices of effective dates, and review notices"22 in a monthly bulletin. As required by the Utah Administrative Rulemaking Act, the Division produces the following four publications. First, the Utah Administrative Code, published on a monthly basis and available on the Internet,23 contains all non-temporary administrative rules in effect on a given date. Second, the Utah State Bulletin, published twice a month and available on the Internet,24 contains proposed rules and changes in proposed rules, 120 day rules (which take effect immediately due to an emergency - but only for 120 days), and various rulemaking notices. Third, the Utah State Digest, published twice a month and available on the Internet,25 contains a summary of the information published in the Utah State Bulletin. Finally, the Utah Administrative Rules Index of Changes, published annually and available on the Internet,26 contains an index of administrative rules made effective during the prior year. Paper copies of each of the aforementioned publications may be obtained from the Division. Utah's Health: An Annual Review and Administrative Rules While undoubtedly complicated and difficult to understand, administrative rules are also characterized as "one of the greatest inventions of modern government."27 Moreover, as indicated by the Division's web page: "Administrative rules affect your life in many ways-the tint on your windshield, the fire in your fireplace, the questions you ask prospective employees, and much more. "28 In short, because administrative rules invariably affect health policy in Utah, the inclusion of an administrative rules update in Utah's Health: An Annual Review is not only warranted, it is a necessity. Every effort will be made to format the 2002 Administrative rules Update as clearly as possible. To this end, the Utah's Health: An Annual Review 2002 Administrative Rules Update will conform closely, in format, to the Utah Administrative Rules Index of Changes. Specifically, the Update will include the official Utah Administrative Code reference to updated rules, the titles of updated rules, the type of action each rule represents (i.e., amendment to an old rule, new rule, non-substantive change to an existing rule, etc.), the dates on which the updated rules take effect, and the citation reference to the Utah State Bulletin where one can read the full text of an updated rule. For brevity's sake, the Utah's Health: An Annual Review 2002 Administrative Rules Update will only include relevant rules from the Division of Occupational and Professional Licensing (of the Department of Commerce) and all rules promulgated by the Department of Health. We hope you find this inaugural administrative rules update, as well as subsequent updates, both informative and easy to understand. Utah's Health: An Animal Review Volume VIII 117 |
