26-1-5 - Rules of department. - Utah Statutes

26-1-5. Rules of department.
(1) Except in areas regulated by statutory committees created by this title, the departmentshall have the power to adopt, amend, or rescind rules necessary to carry out the provisions ofthis title.
(2) Rules shall have the force and effect of law and may deal with matters whichmaterially affect the security of health or the preservation and improvement of public health inthe state, and any matters as to which jurisdiction is conferred upon the department by this title.
(3) Every rule adopted by the department pursuant to this section, or a committeeestablished under Section 26-1-7 or 26-1-7.5, shall be subject to Title 63G, Chapter 3, UtahAdministrative Rulemaking Act and shall become effective at the time and in the mannerprovided in that act.
(4) If, at the next general session of the legislature following the filing of a rule with thelegislative research director, the legislature passes a bill disapproving such rule, the rule shall benull and void.
(5) The department or a committee created under Section 26-1-7 or 26-1-7.5, shall notadopt a rule identical to a rule disapproved under Subsection (4) of this section, before thebeginning of the next general session of the legislature following the general session at which therule was disapproved.

Amended by Chapter 382, 2008 General Session