(1) An agency incorporating materials by reference as permitted under Subsection 63G-3-201(7) shall comply with the following standards:
- (a) The rule shall state specifically that the cited material is "incorporated by reference."
- (b) If the material contains options, or is modified in its application, the options selected and modifications made shall be stated in the rule.
- (c) If the incorporated material is substantively changed at a later time, and the agency intends to enforce the revised material, the agency shall amend its rule through rulemaking procedures to incorporate by reference any applicable changes as soon as practicable.
- (d) In accordance with Subsection 63G-3-201(7)(c), an agency shall describe substantive changes that appear in the materials incorporated by reference as part of the "summary of rule or change" in the rule analysis.
- (2) An agency shall comply with copyright requirements when providing the office a copy of material incorporated by reference.
KEY: administrative law
Date of Last Change: April 30, 2007
Notice of Continuation: September 5, 2025
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 63G-3-301; 63G-3-402