Summary


The Department has not received any written comments during and since the last five-year review of the rule from interested persons supporting or opposing the rule. However, parts of the rule were determined to be unconstitutional by the federal district court in Imatter Utah, et al., v. Njord, 774 F.3d 1258 (2014). The rule was subsequently amended effective 01/07/2016 to overcome the constitutional failings identified in Judge Shelby's decision. The Department did not receive any comments during the proposed amendment's 30-day comment period.