US Laws, Codes, Statutes & Cases

§29A-2-6. Format and numbering of agency rules filed in state register.

(a) Each proposed rule filed by an agency requiring a notice to be published in the state register in accordance with the provisions of section five, article three of this chapter shall include as its initial provisions: (1) A statement identifying such rule as a legislative rule, an interpretive rule or a procedural rule, as the case may be; (2) a statement of such section, article and chapter of this code to which such rule or any part thereof relates; and (3) a statement of the section, article and chapter of this code or any other provision of law which provides authority for the promulgation of such rule. The agency shall be estopped from relying on any authority for the promulgation of such rule which is not stated therein in accordance with the requirements of this subdivision.
(b) Each rule when filed, to be finally effective, shall have attached thereto an abstract of its promulgation history prepared by the agency showing the date of the filing in the state register of the content of, or notice of any procedure relating to, action necessary under this chapter to cause such rules to be finally effective: Provided, That any error or omission in such abstract shall not affect the validity of any rule or action in respect thereto.
(c) The secretary of state shall prescribe by legislative rule a standard size, format, numbering and indexing for rules to be filed in the state register and he may prescribe such procedural or interpretive rules as he deems advisable to clarify and interpret the provisions in this section. The secretary of state shall refuse to accept for filing any rules which do not comply with the specific provisions of this section, and he may refuse to accept for filing any rules which do not comply with the procedural rules issued by him pursuant to this section until the rules sought to be filed are brought into conformity with the secretary of state's procedural rules.
(d) Unless and until the secretary of state prescribes otherwise by rule issued and made effective under the provisions of subsection (c) of this section, each rule filed in this state register shall be on white paper measuring eight and one-half inches by eleven inches, typewritten and single-spaced, with a one inch margin at the top, bottom and each side of each page, and shall be reproduced photographically, or by xerography or other duplication process. The secretary of state may grant specific exceptions to such requirements in the case of maps, diagrams and exhibits, if the same may not be conveniently folded and fastened with the other pages of rules and in the case of rules which incorporate the promulgation of a federal agency or other organization which could not be submitted in the standard size and format except at undue expense. Materials submitted for inclusion in the state register shall be fastened on the left side by two or more fasteners attached through holes suitable for insertion into ring binders.
(e) The secretary of state shall also prescribe by procedural rule a uniform system for the electronic filing of a proposed rule or emergency rule or a modification thereof, or a legislatively authorized rule, either (1) by the direct electronic transmission of data to a terminal in the office of the secretary of state, or (2) by the delivery to the secretary of state of a machine-readable copy of the filing on a medium such as magnetic tape or disk, or the like, which system shall be used in the process of filing proposed rules, emergency rules, modifications and authorized rules with the secretary of state. The secretary of state may grant exceptions to the requirement for electronic filing in the case of agencies, boards or commissions which do not have reasonable access to a compatible electronic transmission system or a means of creating a machine-readable copy, but, if an exception is granted, the secretary of state shall create a machine-readable copy of the proposed rule, emergency rule, modification or authorized rule. The electronic filing required by the provisions of this section shall not obviate any requirement for the filing of printed papercopies of the proposed rule, emergency rule, modification or authorized rule as may be required by this chapter.