No. 34106 (5-year Review): Rule R15-3. Definitional Clarification of Administrative Rule

DAR File No.: 34106
Filed: 09/21/2010 09:48:19 AM

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 63G-3-402(1) requires the Division to administer the Utah Administrative Rulemaking Act, Title 63G, Chapter 3, and to require state agencies to comply with filing, publication, and hearing procedures. Subsection 63G-3-301(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 63G-3-201(8); provides standards for an agency to follow when making amendments to materials it incorporates by reference into its rules pursuant to Subsection 63G-3-201(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 63G-3-201(7)(d); and limits the type of material that may be included in rule, consistent with Subsection 63G-3-201(7)(a)(iv). This rule provides necessary clarification to the statute. It ensures that materials incorporated by reference are available. 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:

Administrative Services
Administrative Rules
450 N STATE ST
SALT LAKE CITY, UT 84114-1201

Direct questions regarding this rule to:

• Kenneth Hansen at the above address, by phone at 801-538-3777, by FAX at 801-359-0759, or by Internet E-mail at [e-mail]

Authorized by:

Kenneth Hansen, Director

Effective:

09/21/2010

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