Update on Changes to the Uniform Rules of Procedure
An ad hoc committee of the Administrative Law Section has been tasked with reviewing the Uniform Rules of Procedure and recommending appropriate changes. An update on the Committee’s work is reflected in the Second Report of the Uniform Rules of Procedure Committee dated November 1, which may be viewed here.
The Committee solicited suggestions and developed a draft (dated September 18) that was distributed for comment. The Committee reviewed the comments and has prepared an updated draft dated November 4. This latest draft may be viewed here.
The Committee now solicits comments (only) on whether to also include in the recommended changes a new Rule 28-106.112, Notice of agency final orders; standards; grounds to vacate and reissue agency final orders for lack of notice. A draft of this new rule may be viewed here.
Please submit your written comments on this draft of Rule 28-106.112 by November 13 to Larry Sellers or any of the other members of the committee: Paul Drake, Seann Frazier, Shaw Stiller, Judge Yolonda Green, Judge Elizabeth McArthur, Judge Li Nelson, or Judge Dave Watkins. Larry’s e-mail address is: firstname.lastname@example.org.
The committee will then review any comments on Rule 28-106.112 and determine whether to include this rule (or some version of it) with the other recommended changes for review by the Section’s Executive Council. If the Executive Council approves any recommended changes, then these will be submitted to the Administration Commission, which has the exclusive authority to propose and adopt changes to the Uniform Rules of Procedure.
The Uniform Rules were last updated in 2013 based on recommendations from the Section. For a summary of these changes, see the April 2013 issue of the ALS newsletter. As in 2013, any amendments to the Uniform Rules will become effective only if formally proposed and adopted by the Administration Commission in accordance with the rulemaking process in the APA.