121.72 [Effective 8/18/2019] Incorporating rule by reference.

An agency incorporates a text or other material into a rule by reference when it refers in the rule to the text or other material as if it were spelled out or otherwise reproduced in the rule. The agency shall accompany the incorporation by reference with a citation that provides information sufficient to enable a reasonable person to whom the rule applies readily and without charge to find and inspect the text or other material that has been incorporated by reference. The citation shall specify the date of the text or other material or identify a particular edition or version of the text or other material and, if available, the date of the particular edition or version. The citation may include a web site address to the text or other material and may include other information that will enable the text or other material to be found readily and without charge.

An agency that incorporates a text or other material by reference into a rule is presumed to have incorporated by reference a version of the text or other material that is in existence at the time of its incorporation by reference. An agency may not incorporate by reference a future version of the text or other material that is not in existence at the time of its incorporation by reference.

Amended by 132nd General Assembly File No. TBD, SB 221, §1, eff. 8/18/2019.

Effective Date: 09-17-2002.

Note: This section is set out twice. See also § 121.72, effective until 8/18/2019.