DAR File No. 39728
This notice was published in the October 1, 2015, issue (Vol. 2015, No. 19) of the Utah State Bulletin.
Administrative Services, Administrative Rules
Rule R15-3
Definitional Clarification of Administrative Rule
Five-Year Notice of Review and Statement of Continuation
DAR File No.: 39728
Filed: 09/11/2015 11:47:28 AM
NOTICE OF REVIEW AND STATEMENT OF CONTINUATION
Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:
Subsection 63G-3-402(1) requires the Division to administer the Utah Administrative Rulemaking Act, Title 63G, Chapter 3, and to require state agencies to comply with filing, publication, and hearing procedures. Subsection 63G-3-301(2) requires agencies to comply with rules made by the division to implement the Act.
Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:
No written comments have been received since this rule was last reviewed.
Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:
Rule R15-3 clarifies the role of rules in limiting agency discretion pursuant to Subsection 63G-3-201(8); provides standards for an agency to follow when making amendments to materials it incorporates by reference into its rules pursuant to Subsection 63G-3-201(7); requires an agency to provide a summary of materials incorporated by reference as part of the rule analysis summary; requires an agency to comply with copyright laws when providing the Division a copy of materials incorporated by reference pursuant to Subsection 63G-3-201(7)(d); and limits the type of material that may be included in rule, consistent with Subsection 63G-3-201(7)(a)(iv). This rule provides necessary clarification to the statute. It ensures that materials incorporated by reference are available. It helps facilitate the broad distribution of rule text. Therefore, this rule should be continued. Clear, consistent administrative rules increase the likelihood of compliance by both members of the public and the agency.
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
Administrative ServicesAdministrative Rules
Room 5110 STATE OFFICE BLDG
450 N STATE ST
SALT LAKE CITY, UT 84114-1201
Direct questions regarding this rule to:
- Michael Broschinsky at the above address, by phone at 801-538-3003, by FAX at 801-537-9240, or by Internet E-mail at [email protected]
Effective:
09/11/2015
Authorized by:
Patricia Smith-Mansfield, Director
Additional Information
More information about a Five-Year Notice of Review and Statement of Continuation is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2015/b20151001.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
For questions regarding the content or application of this rule, please contact Michael Broschinsky at the above address, by phone at 801-538-3003, by FAX at 801-537-9240, or by Internet E-mail at [email protected]. For questions about the rulemaking process, please contact the Division of Administrative Rules.