41-1022. Notice of proposed rule making,
amendment or repeal; contents of notice
A. Before rule making, amendment or repeal, the agency shall file a notice of the
proposed action with the secretary of state. The notice shall include:
1. The preamble.
2. The exact wording of the rule.
B. The secretary of state shall include in the next edition of the register the
information in the notice under subsection A of this section.
C. At the same time the agency files a notice of the proposed rule making with the
secretary of state, the agency shall notify by regular mail, telefacsimile or electronic
mail each person who has made a timely request to the agency for notification of the
proposed rule making and to each person who has requested notification of all proposed
rule makings. An agency may provide the notification prescribed in this subsection in a
periodic agency newsletter. An agency may purge its list of persons requesting
notification of proposed rule makings once each year.
D. Before commencing any proceedings for rule making, amendment or repeal, an
agency shall allow at least thirty days to elapse after the publication date of the
register in which the notice of the proposed rule making, amendment or repeal is
contained.
E. If, as a result of public comments or internal review, an agency determines that
a proposed rule requires substantial change pursuant to section 41-1025, the agency shall
issue a supplemental notice containing the changes in the proposed rule. The agency
shall provide for additional public comment pursuant to section 41-1023.
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