41-1027

41-1027. Summary rule making

A. An agency may use the summary rule making procedure set forth in this section in
place of the rule making procedure set forth in sections 41-1021 through 41-1024 for the
following actions:

1. Repeals of rules made obsolete by repeal or supersession of an agency's
statutory authority.

2. Making, amendment and repeal of rules that repeat verbatim existing statutory
authority granted to the agency.

3. Repeal of other obsolete rules or rules deemed by the agency to be ineffective
as long as the repeal does not increase the cost of compliance or reduce procedural
rights of the persons regulated.

B. An agency shall initiate summary rule making by filing the proposed summary rule
with the council and the secretary of state for publication in the next register. The
notice filed with the secretary of state shall include the preamble.

C. The agency shall forward copies of the notice filed with the secretary of state
pursuant to subsection B of this section to the council.

D. The proposed summary rule takes interim effect on the date of publication in the
register.

E. Within ninety days after publication in the register, after consideration of any
comments, the agency shall submit to the council a summary rule, preamble, concise
explanatory statement and economic, small business and consumer impact statement.

F. The summary rule making procedures of this section are not available for rules
exempted from council approval pursuant to section 41-1057.