1. (1) (a) Pursuant to Subsection 63G-3-301(4)(b), an agency shall underscore language to be added and strike out language to be deleted in proposed rules.

   1. (b) Consistent with Subsection 63G-3-301(4)(b), an agency shall underscore language to be added and strike out language to be deleted in changes in proposed rules, 120-day rules, and nonsubstantive changes.
   2. (c) The struck out language shall be surrounded by brackets.
2. (2) When an agency proposes to make a new rule or section, the entire proposed text shall be underscored.

3. (3)(a) When an agency proposes to repeal a complete rule it shall include as part of the information provided in the rule analysis a brief summary of the deleted language and a brief explanation of why the rule is being repealed.

   1. (b) The agency shall include with the rule analysis a copy of the text to be deleted in one of the following formats:

      1. (i) each page annotated "repealed in its entirety" or
      2. (ii) the entire text struck out in its entirety and surrounded by one set of brackets.
   2. (c) The office shall not publish repealed rules unless space is available within the page limits of the bulletin.

4. (4) When an agency fails to mark a change as described in this section, the director may refuse to codify the change. When determining whether or not to codify an unmarked change, the director shall consider:

   1. (a) whether the unmarked change is substantive or nonsubstantive; and
   2. (b) if the purpose of public notification has been adequately served.
5. (5) The director's refusal to codify an unmarked change means that the change is not operative for the purposes of Section 63G-3-701 and that the agency must comply with regular rulemaking procedures to make the change.

KEY: administrative law

Date of Last Change: August 24, 2007

Notice of Continuation: September 5, 2025

Authorizing, and Implemented or Interpreted Law: 63G-3-301; 63G-3-303; 63G-3-304; 63G-3-402