RulesNews

The Utah Administrative Rulemaking Act permits an agency to incorporate materials by reference into its administrative rules.  When an agency incorporates materials by reference, the statute also requires that the agency provide the Division of Administrative Rules with a copy of the material incorporated. For years, the Division has directed agencies to provide the Division a paper copy of materials

In 1983, the Federal District Court for the District of Utah addressed, as one of its issues, something related to the open-ended incorporation by reference issue discussed earlier.  In Utah League of Insured Savings Associations v. Utah (555 F.Supp. 664 (D.Utah, 1983)) the court considered instances where  the legislature makes another document the law of the state when it does

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

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