Title 26 Utah Health Code Chapter 1 Department of Health Organization Section 5 Rules of department.
26-1-5.Rules of department.
(1) Except in areas regulated by statutory committees created by this title, the department
shall have the power to adopt, amend, or rescind rules necessary to carry out the provisions of
this title.
(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 pursuant to this section, or 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 a committee created under Section 26-1-7 or 26-1-7.5, shall 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.
Amended by Chapter 382, 2008 General Session
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