The Utah Division of Administrative Rules has drafted an amendment to one of its administrative rules that would permit state agencies to submit incorporated materials electronically in PDF/A format. The draft would also continue to permit an agency to submit incorporated materials in paper format.
According to an article by Ken Hansen, “The Utah Administrative Rulemaking Act permits an agency to incorporate materials by reference into its administrative rules. When an agency incorporates materials by reference, the statute also requires that the agency provide the Division of Administrative Rules with a copy of the material incorporated.”
Accepting electronic copies of materials incorporated by reference presents several challenges:
- How do we control the material so that we can assure that it has not been altered from the version that was submitted with the rule?
- How do we assure that we will be able to access/read the document in 5 , 10, or 50 years?
- How do we assure that members of the public will be able to view/read these documents without requiring them to purchase software?
- How do we address copyright issues?
Country of Origin: United States