(1) (a) Except in areas subject to concurrence between the department and a committee created under this title , the department shall have the power to adopt, amend, or rescind rules necessary to carry out the provisions of this title. (b) If the adoption of rules under a provision of this title is subject to concurrence between the department and a committee created under this title and no concurrence can be reached, the department has final authority to adopt, amend, or rescind rules necessary to carry out the provisions of this title. (c) When the provisions of this title require concurrence between the department and a committee created under this title: (i) the department shall report to and update the committee on a regular basis related to matters requiring concurrence; and (ii) the committee shall review the report submitted by the department under this Subsection (1)(c) and shall: (A) concur with the report; or (B) provide a reason for not concurring with the report and provide an alternative recommendation to the department.
(a) Except in areas subject to concurrence between the department and a committee created under this title , the department shall have the power to adopt, amend, or rescind rules necessary to carry out the provisions of this title.
(b) If the adoption of rules under a provision of this title is subject to concurrence between the department and a committee created under this title and no concurrence can be reached, the department has final authority to adopt, amend, or rescind rules necessary to carry out the provisions of this title.
(c) When the provisions of this title require concurrence between the department and a committee created under this title: (i) the department shall report to and update the committee on a regular basis related to matters requiring concurrence; and (ii) the committee shall review the report submitted by the department under this Subsection (1)(c) and shall: (A) concur with the report; or (B) provide a reason for not concurring with the report and provide an alternative recommendation to the department.
(i) the department shall report to and update the committee on a regular basis related to matters requiring concurrence; and
(ii) the committee shall review the report submitted by the department under this Subsection (1)(c) and shall: (A) concur with the report; or (B) provide a reason for not concurring with the report and provide an alternative recommendation to the department.
(A) concur with the report; or
(B) provide a reason for not concurring with the report and provide an alternative recommendation to the department.
(2) Rules shall have the force and effect of law and may deal with matters which materially affect the security of health or the preservation and improvement of public health in the state, and any matters as to which jurisdiction is conferred upon the department by this title.
(3) Every rule adopted by the department, or by the concurrence of the department and a committee established under Section 26-1-7 or 26-1-7.5, shall be subject to Title 63G, Chapter 3, Utah Administrative Rulemaking Act and shall become effective at the time and in the manner provided in that act.
(4) If, at the next general session of the Legislature following the filing of a rule with the legislative research director, the Legislature passes a bill disapproving such rule, the rule shall be null and void.
(5) The department or the department in concurrence with a committee created under Section 26-1-7 or 26-1-7.5, may not adopt a rule identical to a rule disapproved under Subsection (4) of this section before the beginning of the next general session of the Legislature following the general session at which the rule was disapproved.
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