DAR File No. 28264

Administrative Services, Administrative Rules

R15-3

Definitional Clarification of Administrative Rule

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 28264
Filed: 09/29/2005, 05:19
Received by: NL

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 63-46a-10(1) requires the Division to administer the Utah Administrative Rulemaking Act, Title 63, Chapter 46a, and to require state agencies to comply with filing, publication, and hearing procedures. Subsection 63-46a-4(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 63-46a-3(8); provides standards for an agency to follow when making amendments to materials it incorporates by reference into its rules pursuant to Subsection 63-46a-3(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 63-46a-3(7)(d); and limits the type of material that may be included in rule, consistent with Subsection 63-46a-4(7)(a)(iv). This rule provides necessary clarification to the statute. It ensures that materials incorporated by reference are available. It keeps publication expenses at a more reasonable level. 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:

Direct questions regarding this rule to:

Kenneth A. Hansen at the above address, by phone at 801-538-3777, by FAX at 801-538-1773, or by Internet E-mail at khansen@utah.gov

Authorized by:

Kenneth A. Hansen, Director

ADDITIONAL INFORMATION

PLEASE NOTE:

• Please see the DISCLAIMER regarding information available from state web pages.

For questions regarding the content or application of this rule, please contact Kenneth A. Hansen at the above address, by phone at 801-538-3777, by FAX at 801-538-1773, or by Internet E-mail at khansen@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.