R15-4-6. Nonsubstantive Changes in Rules

  (1) Pursuant to Subsections 63G-3-201(4)(d) and 63G-3-303(2), for the purpose of making rule changes that are grammatical or do not materially affect the application or outcome of agency procedures and standards, agencies shall comply with the procedures of this section.

  (2) The agency proposing a change shall determine if the change is substantive or nonsubstantive according to the criteria cited in Subsection R15-4-6(1).

  (a) The agency may seek the advice of the attorney general or the office, but the agency is responsible for compliance with the cited criteria.

  (3) Without complying with regular rulemaking procedures, an agency may make nonsubstantive changes in:

  (a) proposed rules already published in the bulletin and digest but not made effective; or

  (b) rules already effective.

  (4) To make a nonsubstantive change in a rule, the agency shall:

  (a) notify the office by filing with the office the form designated for nonsubstantive changes;

  (b) include with the notice the rule text to be changed, with changes marked as required by Section R15-4-9; and

  (c) include with the notice the name of the agency head or designee authorizing the change.

  (5) A nonsubstantive change becomes effective on the date the office makes the change in the Utah Administrative Code.

  (6) The office shall record the nonsubstantive change and its effective date in the administrative rules register.