Tag Archives: NCCUSL

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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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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ULC’s MSAPA Revision Drafting Committee to Meet November 14-16, 2008

The Uniform Law Commission’s drafting committee to revise the Model State Administrative Procedure Act (MSAPA) will meet November 14 through 16, 2008, in Denver, CO.  Information that the committee will consider is posted online at http://www.nccusl.org/Update/CommitteeSearchResults.aspx?committee=234.  The draft MSAPA is scheduled for its final reading at the Summer ULC meeting scheduled for July 9 through 16, 2009, in Santa Fe, New Mexico.

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Model State Administrative Procedure Act Revision Process — Invitation to Participate

The following notice is provided by Commissioner Francis J. Pavetti, Chair of the National Conference of Commissioners on Uniform State Laws Model State Administrative Procedure Act Drafting Committee.

The National Conference of Commissioners on Uniform State Laws (NCCUSL) is revising its Model State Administrative Procedure Act (MSAPA). NCCUSL invites organizations and individuals interested in state administrative agency processes to participate in this effort.

NCCUSL is a 117 year old national organization of lawyers, judges and law professors who are appointed to represent their states in drafting and seeking enactment of uniform laws to facilitate commerce and certainty in the law among the states. For more information about NCCUSL, visit http://www.nccusl.org/.

The goal of the MSAPA drafting committee is to make the administrative process more efficient, accessible and fair. The most recent draft of MSAPA is available at http://www.nccusl.org/Update/CommitteeSearchResults.aspx?committee=234. The drafting process will not be completed until the spring of 2009. The MSAPA drafting committee invites interested parties to attend committee meetings as an observer and make comments and suggestions at the meetings or by submitting them in writing. To become an observer, please contact Ms. Leang Sou at NCCUSL at (312) 915-0488 or at leang.sou@nccusl.org . Submit written comments about the MSAPA to Commissioner Francis J. Pavetti, 18 The Strand, Goshen Point, Waterford, CT 06385.

UPDATE: The NCCUSL office moved the first week of January. The new phone number is (312) 450-6606.

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Updated MSAPA Draft Available

The National Conference of Commissioners on Uniform State Laws (NCCUSL) has posted the latest draft of the Model State Administrative Procedure Act (MSAPA), and related information, on its web site — http://www.nccusl.org/Update/CommitteeSearchResults.aspx?committee=234. The draft is available in several electronic formats, including PDF, Word, ASCII, and HTML. It is also available with redlining to show the most recent changes, or as a clean copy. The MSAPA drafting committee meets November 9 through 11 in Denver, CO.

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NCCUSL’s MSAPA Drafting Committee Fall Meeting

The National Conference of Commissioners on Uniform State Laws (NCCUSL) has scheduled the next Model State Administrative Procedure Act (MSAPA) drafting committee meeting for November 9 through 11, 2007, in Denver, CO.

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MSAPA Drafting Committee Releases Issues Statement

On July 10, 2007, the National Conference of Commissioners on Uniform State Laws (NCCUSL) Model State Administrative Procedure Act (MSAPA) drafting committee released an Issues Statement. The committee prepared the statement for the NCCUSL summer meeting that will be held July 27 through August 3, 2007, in Pasadena, California.

The statement includes four issues that concern rulemaking or state rules publishers. They are:

  • § 310. Guidance Documents and § 201(d) Publication of Guidance Document;
  • § 301 (d) Written Rulemaking Docket;
  • § 308. Variance between proposed rule and adopted rule; and
  • § 507. Exhaustion of Administrative Remedies.

The Issues Statement is available on the NCCUSL archive web site at the Biddle Law Library at Penn Law.

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MSAPA Update

The National Conference of Commissioners on Uniform State Laws (NCCUSL) has scheduled the next Model State Administrative Procedure Act (MSAPA) drafting committee for November 17 through 19, 2006, in Chicago, IL.

NCCUSL has also announced that, for health reasons, Prof. John Gedid has stepped down as reporter for the committee, however, he plans to continue serving as a commissioner on the MSAPA committee. The new reporter is Professor Greg Ogden from the Pepperdine University School of Law. More information about Professor Ogden is available at http://law.pepperdine.edu/academics/faculty/ogden.html.

Information about the latest MSAPA draft is available at http://www.law.upenn.edu/bll/ulc/ulc.htm#msapa.

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NCCUSL MSAPA Drafting Committee Fall 2005 Meeting

The National Conference of Commissioners on Uniform State Laws (NCCUSL) Model State Administrative Procedure Act (MSAPA) Drafting Committee has scheduled its fall meeting for October 7 through 9, 2005, in Arlington, VA. The NCCUSL web page describes the committee in the following terms:

This committee is revising the [1981] Model State Administrative Procedures Act, which provided procedures for promulgating administrative regulations and for adjudicating disputes before administrative bodies. A revision is necessary to update the act to recognize electronic communications and other state procedural innovations since the act was originally promulgated. Upon completion of its main charge, the committee will study the development of an administrative procedures act for use by interstate compact entities.

In its report to the NCCUSL Annual Meeting, held July 22 through 29, the committee identified the following issues for which it is seeking feedback:

KEY ISSUES

1. Should the Model State Administrative Procedure Act require interpretive and policy statements to be adopted as rules; and, if not, should there be a requirement that they be published?

2. If interpretive and policy statements are not rules, but are required to be published, should the Model State Administrative Procedure Act address the weight to be given to them on judicial review?

3. Should the Model State Administrative Procedure Act require prior agency decisions of first impression on legal issues to be adopted as rules; or, if not required to be adopted as rules, should there be a requirement that such decisions be indexed and published?

4. Should evidentiary hearings be required only when mandated by statute, constitution or other law, or should the Conference adopt the broader approach of the 1981 Model State Administrative Procedure Act that requires an evidentiary hearing in almost all instances where an order is to be issued by the agency?

5. With respect to post hearing ex parte communications between the agency decision maker and agency staff, what, if any, disclosure of the ex parte communication should be required to the parties? Also, what, if any, opportunity should be allowed for a party to respond to the disclosed communication?

OTHER ISSUES

6. Should cost-benefit analysis be required for all rules; or be limited to certain situations; and, if limited, under what criteria?

7. Should the Act provide for an administrative rules editor, with the power to edit, for the publication, compilation, indexing, and public inspection of rules or should the Act provide for a publisher with limited power to edit?

8. Should the Act contain a legislative veto power for agency rules?

9. Should the Act provide that, before a person who was not a party in an agency rulemaking proceeding seeks judicial review of a rule produced in that proceeding, that person must first petition the agency for rulemaking on the subject for which she seeks judicial review?
[See http://www.law.upenn.edu/bll/ulc/msapa/2005AMAdminReport.htm for the complete report.]

ACR members may contact Ken Hansen (801-538-3777) with input on these issues.

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NCCUSL MSAPA Drafting Committee Spring Meeting

The National Conference of Commissioners for Uniform State Laws (NCCUSL) Model State Administrative Procedure Act (MSAPA) drafting committee met April 15 through April 17 in Philadelphia. The committee considered a second draft, primarily reviewing and making major changes to the core adjudication and judicial review articles.

The committee discussed the rulemaking article at its meeting last fall. Therefore, this second draft contains changes that represent the committee’s most current thinking about rulemaking. If ACR members have comments about the rulemaking provisions in the second draft, please contact Ken Hansen (801-538-3777).

At the April meeting, some additional rulemaking issues surfaced as the committee discussed judicial review.

  • In the Standing section (C5-106), the language providing “if the challenged agency action is a rule, a person subject to the rule” was removed as a criteria for standing, as it is encompassed by “a person otherwise aggrieved … by the agency action.”
  • The committee discussed the implications of “aggrieved or adversely affected” as it appeared in the draft without the qualifying language from the 1981 MSAPA.
  • In the Exhaustion of Administrative Remedies section (C5-107), Prof. Michael Asimow raised the concept of “issue exhaustion” in rulemaking. If an individual encounters an issue with a rule that was not considered by the agency during the rulemaking process, either directly by the agency or indirectly as the result of public comment, the individual should be required to raise the issue with the agency (by filing a petition for rulemaking — see section C3-115) before the individual may take the issue (and the agency) to court.

The committee had two questions that ACR could help address. During the discussion of Section C5-108, Closed Record; Exception (changed to Agency Record; Exception), a question arose regarding how many states currently require an agency to maintain a rulemaking record. The committee is considering creating a new section, separate from C5-109, Scope of Review, for rulemaking. A question also came up about how many states have adopted the federal “hard look” doctrine (a la Citizens to Preserve Overton Park, Inc. v. Volpe, 401 U.S. 402 (1971)) stated on page 75 in paragraphs D and E.

The committee will present an executive summary of the issues at the NCCUSL annual summer meeting in Pittsburgh, Pennsylvania, July 22-29, 2005. The MSAPA drafting committee will meet again this fall to review the entire draft.

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Spring NCCUSL MSAPA Drafting Committee Meeting Scheduled

The National Conference of Commissioners for Uniform State Laws (NCCUSL) has scheduled its next drafting committee meeting for the Model State Administrative Procedures Act (MSAPA) for April 15 through 17, 2005. The meeting will be held in Philadelphia again.

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NCCUSL’s MSAPA Revision Committee, 11/12-14/2004

The National Conference of Commissioners on Uniform State Laws (NCCUSL) Committee to Revise Model State Admin. Procedures Act has scheduled its next meeting for Nov 12-14, 2004, in Philadelphia, PA. This is the meeting about which Professor Gedid informed ACR at the New Orleans Conference. For meeting information, contact the Chicago NCCUSL office at 312-915-0195.

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