(1) This rule is authorized under Subsection 63-46a-10(1) which requires the division to administer the Utah Administrative Rulemaking Act, Title 63, Chapter 46a.
(2) This rule clarifies when rulemaking is required, and requirements for incorporation by reference within rules.
(3) Terms used in this rule are defined in Section 63-46a-2.
(1) A rule may restrict agency discretion to prevent agency personnel from exceeding their scope of employment, or committing arbitrary action or application of standards, or to provide due process for persons affected by agency actions.
(2) A rule may authorize agency discretion that sets limits, standards, and scope of employment within which a range of actions may be applied by agency personnel. A rule may also establish criteria for granting exceptions to the standards or procedures of the rule when, in the judgment of authorized personnel, documented circumstances warrant.
(3) An agency may have written policies which broadly prescribe goals and guidelines. Policies are not rules unless they meet the criteria for rules set forth under Section 63-46a-3(2).
(4) Within the limits prescribed by Sections 63-46a-3 and 63-46a-12.1, an agency has full discretion regarding the substantive content of its rules. The division has authority over nonsubstantive content under Subsections 63-46a-10(2) and (3), and 63-46a-10.5(2) and (3), rulemaking procedures, and the physical format of rules for compilation in the Utah Administrative Code.
(1) An agency incorporating materials by reference as permitted under Subsection 63-46a-3(7) shall comply with the following standards:
(a) The rule shall state specifically that the cited material is "incorporated by reference."
(b) If the material contains options, or is modified in its application, the options selected and modifications made shall be stated in the rule.
(c) If the incorporated material is substantively changed at a later time, and the agency intends to enforce the revised material, the agency shall amend its rule through rulemaking procedures to incorporate by reference any applicable changes as soon as practicable.
(d) In accordance with Subsection 63-46a-3(7)(c), an agency shall describe substantive changes that appear in the materials incorporated by reference as part of the "summary of rule or change" in the rule analysis.
(2) An agency shall comply with copyright requirements when it provides the division a copy of material incorporated by reference.
(1) All rules shall be in a format that permits their compatibility with the division's computer system and compilation into the Utah Administrative Code.
(2) Rules may not contain maps, charts, graphs, diagrams, illustrations, forms, or similar material.
(3) The division shall issue and provide to agencies instructions and standards for formatting rules.