§ 42-35-2.2 Rule-making file. – (a) Each agency shall maintain an official rule-making file for each ruleproposed or adopted after January 2, 2002. The file and materials incorporatedby reference shall be available for public inspection.
(b) The agency rule-making file shall contain all of thefollowing:
(1) Copies of all publications in the state register withrespect to the rule or the proceeding upon which the rule is based;
(2) Copies of any portions of the agency's regulatory agendacontaining entries relating to the rule or the proceeding on which the rule isbased;
(3) All written petitions, requests, submissions, andcomments received by the agency and all other written material regarded by theagency as important to adoption of the rule or the proceeding on which the ruleis based;
(4) Any official transcript of oral presentations made in theproceeding on which the rule is based or, if not transcribed, any taperecording or stenographic record of them and any memorandum prepared by apresiding official summarizing the contents of those presentations;
(5) The concise explanatory statement required by §42-35-2.3;
(6) All petitions for exceptions to, amendment of, or repealor suspension of the rule;
(7) Citations to data, factual information, studies, orreports in which the agency relies in the adoption of the rule, indicatingwhere such data, factual information, studies, or reports are available forreview by the public;
(8) Any other material placed in the file by the agency.
(c) Internal agency documents are exempt from inclusion inthe rule-making file to the extent they constitute preliminary drafts, notes,recommendations, and intra-agency memoranda in which opinions are expressed orpolicies formulated or recommended, except that a specific document is notexempt from inclusion when it is publicly cited by an agency in connection withits decision.
(d) Upon judicial review, the file required by this sectionconstitutes the official agency rule-making file with respect to that rule.Unless otherwise required by law, the official agency rule-making file need notbe the exclusive basis for agency action on that rule.
§ 42-35-2.2 Rule-making file. – (a) Each agency shall maintain an official rule-making file for each ruleproposed or adopted after January 2, 2002. The file and materials incorporatedby reference shall be available for public inspection.
(b) The agency rule-making file shall contain all of thefollowing:
(1) Copies of all publications in the state register withrespect to the rule or the proceeding upon which the rule is based;
(2) Copies of any portions of the agency's regulatory agendacontaining entries relating to the rule or the proceeding on which the rule isbased;
(3) All written petitions, requests, submissions, andcomments received by the agency and all other written material regarded by theagency as important to adoption of the rule or the proceeding on which the ruleis based;
(4) Any official transcript of oral presentations made in theproceeding on which the rule is based or, if not transcribed, any taperecording or stenographic record of them and any memorandum prepared by apresiding official summarizing the contents of those presentations;
(5) The concise explanatory statement required by §42-35-2.3;
(6) All petitions for exceptions to, amendment of, or repealor suspension of the rule;
(7) Citations to data, factual information, studies, orreports in which the agency relies in the adoption of the rule, indicatingwhere such data, factual information, studies, or reports are available forreview by the public;
(8) Any other material placed in the file by the agency.
(c) Internal agency documents are exempt from inclusion inthe rule-making file to the extent they constitute preliminary drafts, notes,recommendations, and intra-agency memoranda in which opinions are expressed orpolicies formulated or recommended, except that a specific document is notexempt from inclusion when it is publicly cited by an agency in connection withits decision.
(d) Upon judicial review, the file required by this sectionconstitutes the official agency rule-making file with respect to that rule.Unless otherwise required by law, the official agency rule-making file need notbe the exclusive basis for agency action on that rule.
§ 42-35-2.2 Rule-making file. – (a) Each agency shall maintain an official rule-making file for each ruleproposed or adopted after January 2, 2002. The file and materials incorporatedby reference shall be available for public inspection.
(b) The agency rule-making file shall contain all of thefollowing:
(1) Copies of all publications in the state register withrespect to the rule or the proceeding upon which the rule is based;
(2) Copies of any portions of the agency's regulatory agendacontaining entries relating to the rule or the proceeding on which the rule isbased;
(3) All written petitions, requests, submissions, andcomments received by the agency and all other written material regarded by theagency as important to adoption of the rule or the proceeding on which the ruleis based;
(4) Any official transcript of oral presentations made in theproceeding on which the rule is based or, if not transcribed, any taperecording or stenographic record of them and any memorandum prepared by apresiding official summarizing the contents of those presentations;
(5) The concise explanatory statement required by §42-35-2.3;
(6) All petitions for exceptions to, amendment of, or repealor suspension of the rule;
(7) Citations to data, factual information, studies, orreports in which the agency relies in the adoption of the rule, indicatingwhere such data, factual information, studies, or reports are available forreview by the public;
(8) Any other material placed in the file by the agency.
(c) Internal agency documents are exempt from inclusion inthe rule-making file to the extent they constitute preliminary drafts, notes,recommendations, and intra-agency memoranda in which opinions are expressed orpolicies formulated or recommended, except that a specific document is notexempt from inclusion when it is publicly cited by an agency in connection withits decision.
(d) Upon judicial review, the file required by this sectionconstitutes the official agency rule-making file with respect to that rule.Unless otherwise required by law, the official agency rule-making file need notbe the exclusive basis for agency action on that rule.
