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Show 2002 Administrative Rules Update Stephen L. Nelson, J.D., Editor-in-Chief Since 1995, Utah's Health: An Annual Review has always included a Utah legislative update. This update provides readers with a list and a short description of legislative items related to health care policy. The importance of the legislative update, as identified by the Editor's Note to the 2000-2001 edition of Utah's Health: An Annual Review, is clear: "Health care is a politically vulnerable issue and changes in health care policy can have a great impact on the health status of a community. "' However, a legislative update alone does not provide an entirely clear picture of health care policy within a given jurisdiction; an update of administrative action affecting health care policy is also necessary to complete any compilation of changes in health policy. Thus, in continuing with its tradition as a journal reporting on legislative and policy issues affecting public health in Utah, and in order to provide a more complete update of health policy issues in Utah, Volume VIII of Utah's Health: An Annual Review also contains an administrative rules update. As an introduction to what will likely become a yearly staple of the journal, the following article will provide readers with background information about administrative rules and about the administrative rulemaking process in Utah. What Are Administrative Rules? Administrative rules, simply put, are "an agency's written statement that has the effect of law."2 Utah Code considerably broadens this statement, defining administrative rules as agency statements that: (i) "[are] explicitly or implicitly required by state or federal statute or other applicable law;"3 (ii) "[have] the effect of law;"4 (iii) "implement or interpret a state or federal legal mandate;"5 and (iv) "appl[y] to a class of persons or another agency."6 In short, administrative rules encompass enforceable agency policies that restrict, in some way, the rights of a class of persons or another agency within state government.7 When Are Administrative Rules Promulgated in Utah? Administrative rules are promulgated in Utah by state agencies vested with rulemaking authority. Utah Code specifically requires rulemaking in five instances: (1) when agency action "authorizes, requires, or prohibits an action;"8 (2) when agency action "provides or prohibits a material benefit;"9 (3) when agency action "applies to a class of persons or another agency;"10 (4) when agency action "is explicitly or implicitly authorized by statute;"11 and (5) "when an agency issues a written interpretation of a state or federal legal mandate."12 By What Process Are Administrative Rules Promulgated? In addition to requiring rulemaking in specific instances, Utah Code also mandates specific requirements for the rulemaking process. Before the rulemaking process begins, agencies are required to "develop and use flexible approaches"13 while drafting their rules and "involve persons affected by [their] rules."14 Moreover, during the drafting process, agencies are required to "consider and comment on the fiscal impact a rule may have on businesses."15 116 Utah's Health: An Annual Review Volume VIII |
