Subsection 63-46a-3(7) permits an agency to incorporate different types of materials by reference in rules. These materials include:
(i) all or any part of another code, rule, or regulation that has been adopted by a federal agency, an agency or political subdivision of this state, an agency of another state, or by a nationally recognized organization or association;
(ii) state agency implementation plans mandated by the federal government for participation in the federal program;
(iii) lists, tables, illustrations, or similar materials that are subject to frequent change, fully described in the rule, and are available for public inspection; or
(iv) lists, tables, illustrations, or similar materials that the director determines are too expensive to reproduce in the administrative code.
One item for which the Legislature has not granted permission for an agency to incorporate is a Utah statute. This makes sense. There is no need to incorporate a statute into a rule because it is already law that applies in Utah. Therefore, a reference to a Utah statute is adequate.
Questions about incorporating materials into rule may be directed to Ken Hansen at 801-538-3777.