Recently, one of the Division’s editors took a call from a citizen. He said he had called an agency looking for information about a specific requirement. The citizen said he was given a rule number, the name of a publication that had been incorporated by reference in the rule, and told to call the Division of Administrative Rules to find it. The Division responded to this call and made available to the citizen the material requested.
Since 1985, the Rulemaking Act has provided basically the same requirement regarding the responsibly for providing access to rules:
(1) Each agency shall:
(a) maintain a current version of its rules; and
(b) make it available to the public for inspection during its regular business hours.
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(7)(a) Each agency may enact a rule that incorporates by reference:
(i) all or any part of another code, rule, or regulation . . . ;
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(d) The agency shall maintain a complete and current copy of the referenced material available for public review at the agency and at the division. (Section 63-46a-3; emphasis added)
The underlying expectation is that both the agency and the Division of Administrative Rules must be able to provide access to current rules and incorporated materials. The Division appreciates your efforts to respond to requests you receive about your agency’s rules.