1996 Agenda for the
Administrative Rules Review Committee
TUESDAY, MAY 28, 1996 - 8:30 A.M. - ROOM 305 STATE CAPITOL

    ADMINISTRATIVE RULES REVIEW COMMITTEE
DATE: Tuesday, May 28, 1996
TIME: 8:30 a.m.
PLACE: Room 305 State Capitol

Members Present:
    Sen. LeRay McAllister, Cochair        Sen. Howard Stephenson
    Rep. Byron L. Harward, Cochair        Rep. Tim Moran
    Sen. Eldon A. Money                Rep. David Ure
Staff Present:
    Art Hunsaker, Research Analyst
    Esther D. Chelsea-McCarty
    Barbara A. Teuscher, 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.

Call to order -- Chair McAllister called the meeting to order at 8:40 a.m. He recognized Rep. J. Brent Haymond attending the meeting as an exofficio member. Staff reported that due to the length and complexity of the May 21 meeting, the minutes for the meeting are not yet completed.

        1. R17: Archives and Records Service (Administrative Services) Mr. Jeff         Johnson, Director of State Archives, and Mr. John Hulmston, Records Analyst

Question:    R17-4-4: Why is this rule here? Except for paragraph (2), (5), (7), (12), and (13), the entire rule is copied directly from § 63-46b-5.

Answer:    The agency concurs that there is no need for this rule and will repeal it.

        2. R27: General Services (Administrative Services) Mr. Jan Rogerson,
        Assistant Director, General Services

Question:    R27-2-1(1)(b): § 63-46b-1 does not grant authority. If the cite is intended to include the entire chapter, "63-46b-1 et. Seq." is adequate.

Answer:    The agency concurred and will repeal this rule.

        3.    R966: Unclaimed Property (Treasurer) Ms. Betsy Ross, Director of Legal
        Affairs

Question:        R966-1-(A): Chapter 44 of Title 78 was repealed in 1995. Unless the agency
             has a new cite of authority, the rule should be repealed.
Answer:        The agency concurred. This issue is slated to be resolved during the 1997 General Session.

            4. R123: Administration (Auditor) Ms. Betsy Ross, Director of Legal Affairs

Question:        A.    R123-2-1: § 17-19-15 was repealed in 1993. If no existing authority can be cited, the rule should be repealed.

Answer:        The agency concurred that there is no rulemaking authority given in the new statute and will repeal the rule.

Question:        B.    R123-5-2(3): The cite should be set out by title, or read "§ 16-6-18, et.seq."

Answer:        The agency concurred and will amend the rule.

            5.    R499: Administration, Administrative Services (Human Services)
            Ms. Elizabeth Hunter; Ms. Charlotte Meacham; and Mr. Bruce Larsen,              Department of Human Services

Question:        R499-100: Staff has been informed by the Department of Human Services that they no longer administer this program. If that is correct, this rule should be repealed.

Answer:        The agency concurred and will repeal the rule.

            6. R497: Administration, Administrative Hearings (Human Services) Mr. Neal Bernsen, Hearing Officer, Department of Human Services

Question:        R497-100-1: Statutes should not be incorporated by reference. A statement referring to the statute and that it applies is sufficient.

Answer:        The agency requested that they be given more time to study this issue. The agency will report back to the committee.

            7. R495: Administration (Human Services) Ms. Elizabeth Hunter, Department of Human Services

Question:         A. R495-861-1(A): What is the "Utah State Social Services Block Grant Plan"? Where can a copy be obtained?

Answer:        The agency said this rule is in the process of being rewritten and a copy of
the rule will be distributed to the agencies, local cities and counties, and associations of government.

Question:        B.    R495-876-2(A)(4): "clearly improper...what?
                R495-876-4(A)(1): Is "failure" a defined term of art? If so, where is it
            defined? If not, then what does it mean here?

Answer (both):    The agency concurred. Changes will be made for clarity.

Question:        C. R495-810-3(A): § 63-2-401(9) does not require anything. If there is other authority, please cite it. If not, the rule should be amended to stay within statutory bounds.

Answer:        The agency concurs and will amend the rule.

Question:        D. R495-878-1(A)(1): The Administrative Rulemaking Act cannot be cited as sole authority for a rule.

Answer:        The agency concurred and will submit an amended version to the committee.

            8. R724 "Law Enforcement and Technical Services, Regulatory Licensing" (Public Safety) Mr. J. Francis Valerga and Todd Peterson, Dept. of Public Safety

Question:        R724-4-4(C): "§ 53-7-704" does not appear to mention a fee as indicated. Please provide the correct cite.

Answer:        The agency cited for the rule "Title 53-4-104 Subsection 12 - Subsections 1- 13" thereof. The general grant of authority to the commissioner of public safety is found in § 53-1-106.

        Rep. Harward suggested including a statement in the rule that the agency can assist in developing undercover capabilities for the officers.

            9. R105 Administration (Attorney General) Mr. Stephen Schwendiman, Attorney General's Office

Question:        A. R105-1-2(H): "Person" is also defined in § 63-56-5, which is cited in R105- 1-1(B). This makes it appear that the agency may be using two definitions of the same word. Please clarify.

Answer:        The agency concurs with the committee's recommendation.

Question:        B. R105-1-9(A)(2): Are there any parameters for what constitutes "any other valid reason"?

Answer:        The agency indicated that they would make a separate section for other legitimate emergency situations. The agency will clarify the rule.

Committee Business --

    The next two meetings will be held Wednesday, June 12, and June 26, 1996

    MOTION: Rep. Moran moved to adjourn the meeting at 11:10 a.m. The motion passed unanimously.

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1996 Agenda for the Administrative Rules Review Committee TUESDAY, MAY 28, 1996 - 8:30 A.M. - ROOM 305 STATE CAPITOL

1996 Agenda for the
Administrative Rules Review Committee
TUESDAY, MAY 28, 1996 - 8:30 A.M. - ROOM 305 STATE CAPITOL