Category Archives: Model Act

ULC Issues Final Uniform Electronic Legal Materials Act

In an e-mail distributed October 10, 2011, the Uniform Law Commission (ULC) announced the availability of the final version of the Uniform Electronic Legal Materials Act (UELMA).  The final version of UELMA is available online at the Penn Law website at:  http://www.law.upenn.edu/bll/archives/ulc/apselm/UELMA_Final_2011.htm.  It has not yet been posted on the ULC website.

Following ULC’s approval of UELMA at its summer meeting, it was sent to the style committee for final review.   That process has now been completed.

The ULC e-mail describes the uniform act as follows:

The Uniform Electronic Legal Material Act establishes an outcomes-based, technology-neutral framework for providing online legal material with the same level of trustworthiness traditionally provided by publication in a law book. The Act requires that official electronic legal material be: (1) authenticated, by providing a method to determine that it is unaltered; (2) preserved, either in electronic or print form; and (3) accessible, for use by the public on a permanent basis.

Questions about the Uniform Electronic Legal Materials Act should be directed to the Uniform Law Commission.

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ULC Approves the Uniform Electronic Legal Materials Act

On 7/18/2011, the Uniform Law Commission (ULC) distributed an e-mail indicating that the Uniform Electronic Legal Materials Act was “approved during the Vote by States of the 2011 ULC Annual Meeting. Please note that the text is still subject to revision by the Committee on Style, which is scheduled to meet in September.”

In a press release posted on its web site, ULC describes the new uniform law:

A new act approved [July 12, 2011] by a national law group establishes an outcomes-based, technology-neutral framework for providing online legal material with the same level of trustworthiness traditionally provided by publication in a law book.  The Uniform Electronic Legal Material Act was approved today by the Uniform Law Commission (ULC) at its 120th Annual Meeting in Vail, Colorado.

Increasingly, state governments are publishing laws, statutes, agency rules, and court rules and decisions online.  In some states, important state-level legal material is no longer published in books, but is only available online.  While electronic publication of legal material has facilitated public access to the material, it has also raised concerns.  Is the legal material official, authentic, government data that has not been altered?  For the long term, how will this electronic legal material be preserved?  How will the public access the material 10, 50, or 100 years from now?  The Uniform Electronic Legal Material Act provides a consistent approach to solving these problems.

The drafting committee’s web page is available at http://www.uniformlaws.org/Committee.aspx?title=Electronic%20Legal%20Material%20Act .  As of 7/18/2011, the approved uniform act has not been posted.

UPDATE:  7/19/2011 — The approved, pre-style final text is available online at http://www.uniformlaws.org/Shared/Docs/AM2011_Prestyle%20Finals/UELMA_PreStyleFinal_Jul11.pdf .

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Uniform Law Commission’s New Web Site

The Uniform Law Commission (a.k.a. National Conference of Commissioner on Uniform State Laws) has a new web site –  http://www.uniformlaws.org/.

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2010 Model State Administrative Procedure Act Available

The National Conference of Commissioner on Uniform State Laws (NCCUSL) has posted the final version of the 2010 Model State Administrative Procedure Act (MSAPA) on the web at http://www.law.upenn.edu/bll/archives/ulc/msapa/2010_final.htm.  NCCUSL adopted the revised MSAPA, subject to style changes, at its 2010 summer meeting.  The final version was posted on October 18, 2010.

Administrative Codes and Registers (ACR) gratefully acknowledges the efforts of the NCCUSL MSAPA drafting committee.  Under the leadership of Francis J. Pavetti, the committee welcomed members of ACR as observers.  The committee permitted ACR observers to actively participate in the discussions and graciously accepted feedback.  ACR is especially grateful to John Gedid and Greg Ogden who made special efforts to keep ACR informed by attending ACR conferences and directly soliciting feedback from ACR members.

4/19/2011 Update:  Back in February, NCCUSL changed its web site.  The MSAPA is now found at http://www.uniformlaws.org/Act.aspx?title=State%20Administrative%20Procedure%20Act,%20Revised%20Model.

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Authentication and Preservation of State Electronic Legal Materials

The National Conference of Commissioners on Uniform State Laws (NCCUSL) is developing a uniform Authentication and Preservation of State Electronic Legal Materials Act.  In its current iteration, the draft act appears to require:

  • the designation of an official publisher(s) of legal materials,
  • the designation of official legal publications,
  • authentication of electronic legal publications certifying that the electronic record is a true and correct copy,
  • identifying methods that may be used to determine that the record has been unaltered,
  • preservation of electronic legal materials by the publisher,
  • implementation of back-up and disaster recover to assure longevity of electronic legal materials, and
  • updating storage formats to assure longevity of the legal materials.

ACR leadership has asked Jeff Hague (DE) to attend and observe the next drafting committee meeting, which is scheduled for November 19 and 20, 2010, in Washington, D.C.  More information about the drafting committee, including links to the latest draft, is available online at http://www.nccusl.org/Update/CommitteeSearchResults.aspx?committee=344.

4/19/2011 Update:  Back in February, NCCUSL changed its web site.  The new address for the Electronic Legal Materials Act Committee is http://www.uniformlaws.org/Committee.aspx?title=Electronic%20Legal%20Materials%20Act .

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NCCUSL Approves New Model State Administrative Procedure Act

At its annual meeting held July 9 through 16, 2010, in Chicago, Illinois, the National Conference Commissioners On Uniform State Laws (NCCUSL) approved and recommended a new Model State Administrative Procedure Act (MSAPA).  The text of the 2010 MSAPA replaces the 1981 MSAPA.

The new text has not yet been posted on the NCCUSL web site.  The approved MSAPA is subject to revision by the Style Committee.  The Style Committee meets in September.

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2010 MSAPA Annual Meeting Draft Available

The 2010 annual meeting draft of the Model State Administrative Procedure Act (MSAPA) has been posted on the MSAPA Drafting Committee’s web page (http://www.nccusl.org/Update/CommitteeSearchResults.aspx?committee=234). The posting includes an issues statement that covers Articles 4 (Adjudication in a contested case), 5 (Judicial review), and 6 (Office of administrative hearings) as well as the draft.

The National Conference of Commissioners on Uniform State Laws (NCCUSL) holds its annual meeting on July 9 through 16, 2010, in Chicago, IL.  The agenda shows that the MSAPA will be discussed on Saturday, July 10, from 1:30 to 5 PM.

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MSAPA Update

The Model State Administrative Procedure Act (MSAPA) drafting committee of the National Conference of Commissioners on Uniform State Laws (NCCUSL) met October 16-18, 2009, in Chicago.  The committee was able to cover its agenda. which focused on Articles 4 (Adjudications), 5 (Judicial Review), and 6 (Administrative Law Judge Central Panel).  Information relied upon for the October 2009 meeting, including a redlined draft, is available on the NCCUSL MSAPA Committee web site.

The committee is scheduled to hold a conference call in January 2010.  The agenda will include a review of comments made during the 2009 summer conference reading.

The committee is also scheduled to meet in February 2010.

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Filed under Administrative Law, Model Act, State Rulemaking

Extension Granted to MSAPA Drafting Committee

Uniform Law Commission (ULC) leadership has granted the Model State Administrative Procedure Act (MSAPA) drafting committee an extension.  The MSAPA was to have been completed and up for final approval at this summer’s ULC conference in Santa Fe, New Mexico, July 9 – 16, 2009.

In an e-mail announcing the decision, John Sebert, ULC Executive Director, said:

This July [2009] the Committee will read the rulemaking provisions – Articles 2, 3, 7 and the relevant definitions in Article 1 – and after them as many of the judicial review provisions of Articles 4, 4A, 5 and 6 (and the related definitions in Article 1) as time permits. Consideration in July 2010 will be focused almost exclusively on the judicial review provisions. MSAPA will have its final consideration, and a vote by the states, in July 2010.

A copy of the current draft and related information is available online at http://www.nccusl.org/Update/CommitteeSearchResults.aspx?committee=234.

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MSAPA Drafting Committee Meets March 27-29, 2009

The Uniform Law Commission (ULC) has scheduled the final Model State Administrative Procedure Act (MSAPA) drafting committee meeting for March 27-29, 2009, in Chicago, IL.  The Committee is scheduled to discuss rulemaking and rules review issues at the meeting.  John Martinez, New Mexico Administrative Law Division Director, will represent Administrative Codes and Registers at the meeting.

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