On January 18, we reported that President Obama had issued an executive order “Improving Regulation and Regulatory Review”. Executive order 13563 was published in the January 21, 2011, edition of the Federal Register (76 FR 3821-3823).
Author: ACR Webmaster
2011 Winter Meeting
2011 Winter Meeting, Virtual Meeting On-line
February 10-11, 2011
ABOUT: The Administrative Codes and Registers Section will hold an on-line meeting in February instead of traveling to Washington, D.C. for the 2011 Winter Meeting. Because of the extreme economic circumstances facing most of the states, only a small number of ACR members could attend the planned face-to-face meeting. To remedy the small attendance numbers, ACR has arranged to use a “virtual classroom” for the on-line meeting, which will be held on February 10 and 11, 2011.
~ CONFERENCE REGISTRATION ~
CLOSED for Feburary 10, 2011
CLOSED for February 11, 2011
REGISTRATION:
To register for the on-line meeting, please download the registration form (pdf) found on this web page and fill it out electronically.
REGISTRATION FORM ~ Click here
You may submit the form by simply clicking the “Submit by Email” button on the upper-right corner of the form. If you cannot see the button, please save the completed form and email it as an attachment to StateRules@state.nm.us This e-mail address is being protected from spambots. You need JavaScript enabled to view it . When entering phone and fax numbers on the form, just enter the numbers; do not worry about the dashes or parenthesis.
CONFERENCE FEE: Please note that there will be no charge to attend the on-line meeting.
Conference Information
- Agenda ~ posted Jan. 25, 2011
- Do Not Disturb Sign ~ Post to your door or conference room
- Attendance List Feb. 9, 2011
Thursday, February 10, 2011
Presentations
Who’s Who, What’s New? Bullet Point Slides Posted
- Arizona ~
SB1339 Amending the Arizona APA
Moratorium on Rulemaking - Colorado ~ Code online version as official in law – See Colorado APA.
- Delaware ~ E-books (Contact Jeff Hague for information)
- Federal Register ~ www.federalregister.gov
- New governmental manual using In-Design, www.usgovernmentmanual.gov
- Plain Language, www.plainlanguage.gov
- Idaho ~ Code online version as official in law – See Idaho 67-5204. Publication of administrative code.
- Kentucky ~ Proposed legislation changes to APA – More Here.
Code on DVD or CD ($Savings 22K per year)
SharePoint (Microsoft) in the future? Learn more about SharePoint here. - New Mexico ~ To publish or not to publish? Supreme Court Decision and 32 rules based on Executive Order 2011-001.
- New York ~ Weekly e-mail notification of availability of on-line Register.
E-certifications accepted in the fall of 2010. - North Carolina ~ Governor’s Executive Order – EO 70: Rules Modification and Improvement Program
- Oregon ~ On-line Notice Filing System to be able to add attachments and longer summaries.
- Texas ~ Word docs filed. No more SGML with XML tags.
Dan talked about the term “cloud.” Cloud computing systems provide computation, software, and data access services without requiring end-user knowledge of or dependence on the system’s physical location and configuration. - West Virginia ~ E-rules starting the process with IT
- Utah ~ E-Rules 2 – Live July 2009, User Manual for E-Rules using DocBook markup. Division of Administrative Rules partnered with Division of State Libraries to create a catalog materials incorporated by reference.
Review of all regulations. Governor initiated, read the Blog page of the list Web site for more information. Not done by Executive Order.
Utah’s Documentation Wiki ~ LINK TO SAMPLE (this is a temporary link) - Virginia ~ Amendments to APA 2011.
General updates to APA HB1969 – HB2066
Hyperlinks to forms from Administrative Register and Code
Documents incorporated by reference - Washington ~ Governor EO 906 Rulemaking Moratorium; 2006 Electronic Filings began via e-mail; 2007 Official Version on-line of Register; Code on CD once a year.
Friday, February 11, 2011 ~ Presentations
Working with Vietnam to Develop Their Code
Amy Bunk, D.C.
Miriam Vincent, D.C.
Federal Register
Roundtable Discussion
- Moratorium on Rulemaking – 10 to 11 states currently have some type of Moratorium
- Incorporated by Reference Material – States that allow it, who does it for future use?
Authentication of Online Legal Documents
Jeff Hague, Delaware
Contact information
- PowerPoint Slides ~ Authentication and Preservation of State Electronic Law Act
- Draft for discussion only ~ AUTHENTICATION AND PRESERVATION OF STATE ELECTRONIC LEGAL MATERIALS ACT
- Online Delaware Code
- 2007 American Association of Law Libraries (AALL) Report ~ State-by-State Report on
- Authentication of Online Legal Resources
- Law review article – Looking Glass Law: Legislation by Reference in the States, F. Scott Boyd
- Utah MD5 Hash
Authentication (the MD5 Hash)
The Utah Division of Administrative Rules has generated an MD5 hash for the PDF files (files saved with an “.PDF” extension) and the compressed WordPerfect files (1996 and 1997 only; files saved with a “.zip” extension) that can be downloaded from this web page. An MD5 hash is, in essence, a signature for a file. You can confirm the integrity of the files you download by comparing the MD5 hash the Division has posted with one that you generate. Various software packages are available that permit you to generate an MD5 hash such as MD5Summer (graphical user interface), winMD5Sum (graphical user interface), MD5SUMS (no graphical user interface), or File Checksum Integrity Verifier (no graphical user interface). If the hashes do not match exactly, then the integrity of the file is in question. Please contact the Division of Administrative Rules immediately if the hash numbers do not match.
MD5 Generators
BagIt ~ Digital Preservation (Library of Congress)
Utah’s MD5 Generator – Contact
Kenneth A. Hansen, Director, Division of Administrative Rules
Phone: (801) 538-3777
NM State Rules Act: A Different Kind of APA
- John Martinez, New Mexico
New Mexico APA
50TH LEGISLATURE – STATE OF NEW MEXICO – FIRST SESSION, 2011 ~ Senate Bill 30
52 Experiments with Regulatory Review
- Jason A. Schwartz
Institute for Policy Integrity - 52 Experiments with Regulatory Review
1st Business Meeting ~ February 10, 2011
- Business Meeting Agenda
- Treasurer’s Report
- Business Meeting Minutes ~ Prepared by ACR Secretary/Treasurer Kerry Radcliff
Business Meeting Attendance
- Amy Bunk
- Mike White
- Ray Mosley
- John Martinez
- Emily Caudill
- Scott Cancelosi
- Bev Barr
- Brad Hunt
- Christine Works
- Dan Procter
- Deanna Maiolo
- Debbie Ritzko
- Frank Powell
- Joe DeLuca
- Molly Masich
- Jane Chaffin
- Jeff Hague
- Jerry Balan
- Judy Cooper
- Julie Yamaka
- Karen Schneider
- Ken Hansen
- Kerry Radcliff
- Kim Crawford
- Mike Broshinsky
- Nancy Lancaster
- Pam Booth
- Peggy Coe
- Sarah Amburgey
2nd Business Meeting ~ Friday, February 11, 2011
- Business Meeting Minutes ~ Prepared by ACR Secretary/Treasurer Kerry Radcliff
Business Meeting Attendance
1. John Martinez
2. Scott Cancelosi
3. Amy Bunk
4. Bev Barr
5. Brad Hunt
6. Kerry Radcliff
7. Christine Works
8. Cliff Li
9. Dan Procter
10. Deanna Maiolo
11. Debbie Ritzko
12. Debra Morrell
13. Denise Kipfstuhl
14. Dennis Stevenson
15. Emily Caudill
16. Elizabeth Palen
17. Frank Powell
18. Jane Chaffin
19. Jeff Hague
20. Jerry Balan
21. Joe Deluca
22. Jon Davidson
23. Judy Cooper
24. Julie Yamaka
25. Karen Schneider
26. Ken Hansen
27. Kim Crawford
28. Mike White
29. Miriam Vincent
30. Molly Masich
31. Pamela Booth
32. Peggy Coe
33. Susan Volotta
Vendors in Attendance
2011 ACR Winter Meeting Will Be Held On-line
The Administrative Codes and Registers Section will hold an on-line meeting in February instead of traveling to Washington, D.C. for the 2011 Winter Meeting. Because of the extreme economic circumstances facing most of the states, only a small number of ACR members could attend the planned face-to-face meeting. To remedy the small attendance numbers, ACR has arranged to use a “virtual classroom” for the on-line meeting, which will be held on February 10 and 11, 2011.
The registration form for the meeting is now available on the ACR website.
More information about the meeting and the “virtual classroom” will be available on the 2011 Winter Meeting page during January.
2010 Speaker Biographies
ADMINISTRATIVE CODES AND REGISTERS SECTION
Administrative Codes and Registers Section
2010 Conference
Providence, Rhode Island
July 17 – 20, 2010
ACR SPEAKERS
Amy Bunk
Ms. Bunk is the Director of Legal Affairs and Policy for the Office of the Federal Register. While at the Federal Register, she has traveled to Vietnam to participate in workshops on transparency in government with representatives of the Vietnamese government, business owners, and staff of the STAR Vietnam project. Her presentations focused on the legal authorities of the Federal Register, public participation in the US rulemaking process, and the importance of publication of legal documents before they become effective. Before taking this position at the Federal Register, Amy worked in the Office of Regulations and Administrative Law, Office of the Judge Advocate General, United States Coast Guard. While at the Coast Guard, she has worked closely on a number of high visibility merchant mariner rulemaking projects. She also coordinated a multi-unit response to a FOIA request related to the Station Niagara Investigation. She received her JD cum laude from Syracuse University College of Law and is a member of the Justinian Honorary Law Society. Amy is admitted to practice in New York.
Emily Caudill
Emily Caudill has been an ACR member and Midwest Regional Representative since Summer 2008. She was on the Colburn Award Committee in 2009 and is the 2010 Summer Conference Chair in Providence, RI.
Emily became Kentucky’s Administrative Regulations Compiler in 2004 and began working with administrative regulations for the Kentucky Legislative Research Commission in 2002. The duties of the Regulations Compiler cover a wide variety of tasks. Changes to administrative regulations are typed, proofed, tracked, and updated by hand. Among other tasks, Emily works to educate and assist agency representatives and outside constituents about Kentucky’s regulatory process. She maintains files and compiles indexes of effective and ineffective administrative regulations and any corresponding materials incorporated by reference. She also prepares a yearly compilation of all of Kentucky administrative regulations, aka the Kentucky Administrative Regulations Service, and its accompanying monthly supplemental Register.
Sharon Kube
Sharon Kube has been with Wolters Kluwer Law & Business since 1997. She has held various positions in sales, marketing and product management and represented three WKLB product areas including CCH, Aspen Publishers and Loislaw, where she is currently the Product Manager. Prior to Wolters Kluwer, Sharon held sales and marketing positions with United Airlines and GTE. She has a Bachelor’s degree from Purdue University and an MBA from Keller Graduate School of Business.
LOISLAW, a Wolter Kluwer Law & Business brand, is a legal research service that provides comprehensive and easy-to-use resources with a single, powerful, online gateway to primary law, public records, treatises and legal forms. Loislaw gives subscribers access to critical legal information with one low, all-inclusive rate and efficiently and effectively impacts a lawyer’s ability to control research costs, enhance productivity, and increase their return on investment. There are never any hidden charges for hyperlinking, downloading or printing and Loislaw includes free training and technical support to all subscribers. Loislaw will help attorneys gain a competitive edge in the legal marketplace. Visit loislaw.com for more information.
Wolters Kluwer Law & Business is a leading provider of research products and software solutions in key specialty areas for legal and business professionals. Its major product lines include Aspen Publishers, CCH, Kluwer Law International and Loislaw. Its markets include law firms, law schools, corporate counsel and professionals requiring legal and compliance information. Wolters Kluwer Law & Business, a unit of Wolters Kluwer, is based in New York City and Riverwoods, Ill.
Ray Mosley
Ray Mosley has served as Director of the Federal Register since 1996. This year, he is completing his 40th year with the National Archives, including 20 years as a member of the Senior Executive Service.
Professor Gregory L. Ogden
Gregory L. Ogden is a professor of law at Pepperdine University where he has taught since 1978. He teaches administrative law, civil procedure, professional responsibility, and remedies. He is a graduate of UCLA, (BA, cum laude) UC Davis school of Law (JD, Law Review Editor), and he has two LLM=s, one from Temple University in legal education, and one from Columbia University in administrative law. He has been an administrative law consultant to the Administrative Conference of the United States, and to the California Law Revision Commission. He has taught administrative law for over 30 years, and was the principal author of California Public Agency Practice, (three volumes, Matthew, Bender & Co.,Inc..1989), and California Public Administrative Law (two volumes, Matthew Bender & Co., Inc. 1997), the leading treatise on California administrative law. He prepares treatise updates five times per year and the treatise is available both in print version, and online on Lexis-Nexis. In Fall 2005, He completed a major revision of a State Administrative Law in California chapter (200 pages) for a multi volume treatise on California Environmental Law and Land Use Planning (Manaster & Selmi, Matthew Bender & Co.). He has authored several articles in the administrative law field, including most recently the following article in the Journal of the NAALJ: Ogden, Gregory L., AThe Role of Demeanor Evidence in Determining Credibility of Witnesses in Fact Finding: The Views of ALJ=s, @ 20 Journal of NAALJ 1 (2000). Professor Ogden was the 1999 NAALJ Fellowship recipient, and he presented his fellowship paper on demeanor evidence at the 1999 NAALJ Conference in Asheville, North Carolina.
Professor Ogden has been the faculty editor of the Journal of the NAALJ since the 2000-2001 academic year, when the Journal editorial responsibilities was taken over by Pepperdine University School of Law. He was on the planning committee for the Evidence for ALJ=s program hosted at Pepperdine Law School in May, 2001. Since 2000, Professor Ogden has spoken at numerous continuing judicial education conferences on current developments in administrative law, evidence basics for administrative law judges, demeanor evidence and credibility determinations, and judicial ethics for ALJ=s. His topics have been presented at programs sponsored by the California Office of Administrative Hearings (OAH), the National Association of Hearing Officials (NAHO), the Association for Administrative Law Judges (AALJ), the National Association of Administrative Law Judges (NAALJ), and the Arkansas, Iowa, and South Carolina NAALJ affiliate organizations. He has also presented programs on legal ethics for government attorneys for the SEC and for the state administrative law section of the Arkansas State Bar Association. Ogden has been retained as a consultant to several law firms needing administrative law expertise. In 2006, Ogden was appointed Reporter for the Drafting Committee of the Model State Administrative Procedure Act revision project sponsored by the National Conference of Commissioners for Uniform State Laws (NCCUSL). Ogden has served in that capacity through summer 2010, when the Act will (hopefully) be enacted by the Uniform Law Commission. As Reporter, Professor Ogden has made a number of presentations related to the Model Act to law related groups, including the American Bar Association section on administrative law.
Cathilea Robinett
Cathilea Robinett is Executive Director of the Center for Digital Government and Center for Digital Education, national research and advisory institutes focused on information technology policy and best practices in state and local government and education. She is also Executive Vice President of e.Republic, the Center’s parent company, where she regularly consults on editorial direction of its magazines (Government Technology, Public CIO, Emergency Management and Texas Technology) and the major themes of its annual conferences held across the country.
Robinett is a frequent speaker for worldwide government and education organizations, including Harvard University, the United Nations, the State Legislative Leaders’ Foundation, the National Conference of State Legislatures, the Council of State Governments, the World Congress on Information Technology and many more. She is quoted frequently in the press with articles appearing in USA Today, the Washington Post, the Boston Globe, Forbes magazine and many more. She is also the 2007 recipient of the National Association of State Chief Information Officers (NASCIO) National Technology Champion Award in recognition of her outstanding contributions to advance public sector information technology initiatives.
For more than fifteen years, she has served as a thought leader and adviser to public and private sector professionals, and has worked extensively with both sectors in helping them develop sound and successful strategies in the state, local and education markets.
Kate Telford
Kate Telford, Administrative Records & Technical Services Specialist for the Rhode Island State Archives, has worked in Administrative Records at the Rhode Island State Archives of the Rhode Island Secretary of State since 2009. The Administrative Records section of the Archives is charged with accepting regulatory filings from various state departments. Prior to graduating with her MLIS, Kate worked as a Quality Management Specialist at a private non-profit social work agency.
Kate earned her Bachelor of Arts degree in Women’s Studies with a concentration in English Literature from Smith College. She graduated with her MLIS with a specialization in Archives from the University of Rhode Island.
2010 Summer Conference Dinner RSVP
The 2010 Summer Conference agenda has been posted.
LexisNexis is sponsoring a dinner at 7:30 p.m., Saturday, July 17, 2010, in Providence at Temple Downtown, 120 Francis. R.S.V.P. to Leslie Ostrander: leslie.ostrander@lexisnexis.com
Updates for ACR Members from President Julie Yamaka
Several announcements and acknowledgments in advance of the upcoming summer conference:
● ACR Vice President John Martinez (NM) is hard at work updating the State and Federal Survey with the new details and figures you all have provided to him. Please contact John right away at john.martinez4@state.nm.us if you haven’t yet provided your state’s updates, or if you only completed one of the two
surveys. Thomson Reuters West has once again generously offered to do the printing for the biennial Survey. They and John are working to meet the deadline to have the new 2010-2011 Survey printed in time to distribute at the Summer Conference.
● Don’t forget to get your Colborn Award nominations in. Use the Nomination Packet and Nomination Form found online at:
http://www.administrativerules.org/index.php?option=com_content&view=article&id=93:acr-colborn-award&catid=43:acr-colborn-award&Itemid=56
The 2010 Awards Committee, Jane Chaffin, Chair (VA), Molly Masich (NC) and Scott Eaton (NH) are accepting nominations through Friday, June 11.
● Secretary Al Jaeger (ND), NASS’ liaison to ACR this year, has written a lovely letter to the Secretaries of State and Division Directors who oversee the states’ administrative rule filing, publishing and review functions, encouraging them to send their staff to the NASS/ACR Summer Conference. Those letters went out in April.
Here’s a link to a copy of it:
http://arcweb.sos.state.or.us/transfer/jaeger.pdf Thank you to Secretary Jaeger for doing this on our behalf.
The Program Committee, Emily Caudill, Chair (KY), Elizabeth Palen (VA) and Debbie Ritzko (NY) assembled an action-packed agenda for ACR’s summer conference in Providence, R.I. Please view it at:
http://arcweb.sos.state.or.us/transfer/acragenda.pdf or on the ACR Website at: http://www.administrativerules.org/
Thank you for the time and effort that went into putting together this agenda for us.
● Go on-line to the NASS website at: http://nass.orgto register by June 16 in order to get the early registration price and to reserve a hotel room at the NASS Conference rate.
● Wolters Kluwer Lois Law will be sponsoring ACR’s A/V and Internet set-up, and our afternoon breaks in Providence. Thank you to Wolters Kluwer and to Sue Rogers for arranging this with NASS and the ACR Program Committee.
● LexisNexis is sponsoring a dinner for ACR attendees on Saturday evening, July 17 at 7:30, following the NASS Welcoming Reception. Thank you to LexisNexis and to Leslie Ostrander of LexisNexis for putting thistogether. Please watch the listserv for additionaldetails, and to respond to Leslie when she requests attendance numbers.
● ACR Vice President John Martinez (NM) is hard at work updating the State and Federal Survey with the new details and figures you all have provided to him. Please contact John right away at john.martinez4@state.nm.us if you haven’t yet provided your state’s updates, or if you only completed one of the two
surveys. Thomson Reuters West has once again generously offered to do the printing for the biennial Survey. They and John are working to meet the deadline to have the new 2010-2011 Survey printed in time to distribute at the Summer Conference.
● Don’t forget to get your Colborn Award nominations in. Use the Nomination Packet and Nomination Form found online at:
http://www.administrativerules.org/index.php?option=com_content&view=article&id=93:acr-colborn-award&catid=43:acr-colborn-award&Itemid=56
The 2010 Awards Committee, Jane Chaffin, Chair (VA), Molly Masich (NC) and Scott Eaton (NH) are accepting nominations through Friday, June 11.
● Secretary Al Jaeger (ND), NASS’ liaison to ACR this year, has written a lovely letter to the Secretaries of State and Division Directors who oversee the states’ administrative rule filing, publishing and review functions, encouraging them to send their staff to the NASS/ACR Summer Conference. Those letters went out in April.
Here’s a link to a copy of it:
http://arcweb.sos.state.or.us/transfer/jaeger.pdf Thank you to Secretary Jaeger for doing this on our behalf.
The Program Committee, Emily Caudill, Chair (KY), Elizabeth Palen (VA) and Debbie Ritzko (NY) assembled an action-packed agenda for ACR’s summer conference in Providence, R.I. Please view it at:
http://arcweb.sos.state.or.us/transfer/acragenda.pdf or on the ACR Website at: http://www.administrativerules.org/
Thank you for the time and effort that went into putting together this agenda for us.
● Go on-line to the NASS website at: http://nass.orgto register by June 16 in order to get the early registration price and to reserve a hotel room at the NASS Conference rate.
● Wolters Kluwer Lois Law will be sponsoring ACR’s A/V and Internet set-up, and our afternoon breaks in Providence. Thank you to Wolters Kluwer and to Sue Rogers for arranging this with NASS and the ACR Program Committee.
● LexisNexis is sponsoring a dinner for ACR attendees on Saturday evening, July 17 at 7:30, following the NASS Welcoming Reception. Thank you to LexisNexis and to Leslie Ostrander of LexisNexis for putting thistogether. Please watch the listserv for additionaldetails, and to respond to Leslie when she requests attendance numbers.
Please don’t hesitate to give me a call if you have any questions.
Candy Herring ACR Member Passes
Candy Herring will be missed by her ACR Friends. See the In Memory section of this site for more information on her passing.
2010 Conference Agenda Released
Emily Caudill, Chair of the 2010 Program Committee has released a tentative agenda for this summer’s conference. See the Conference section of this website for more information.
2010 Summer Conference
2010 Summer Conference, Providence, RI
The Westin Providence, July 18 – 20, 2010 [NASS Conference Calendar]
Conference Information
- Agenda
- Business Meetings
- Sunday, July 18, 2010 ~ 11:30 a.m. – 12:15 p.m.
- First Business Meeting Agenda
- Nomination of Officers
- Treasurer’s Report
- Attendance List
- Monday, July 19, 2010 ~ 3 p.m. – 4 p.m.
- Second Business Meeting Agenda
- Election of Officers
- Second Business Meeting Sign-In Sheet Attendance List
- Sunday, July 18, 2010 ~ 11:30 a.m. – 12:15 p.m.
- Presentations
- Speaker Biographies
- Attendee Survey
2010 ACR Program Committee
Chair: Emily Caudill (KY)
Member: Elizabeth Palin (VA)
Member: Debbie Ritzko (NY)
2010 Awards Committee
Chair: Jane Chaffin (VA)
Candy Herring (CO)
Molly Masich (NC)
2010 Colborn Committee Accepting Nominations
Jane Chaffin, Chair of the Robert J. Colborn, Jr. Innovation Award is gathering 2010 nominations. See the Colborn Award link on this website for more information.