§150A-9.5  Interim rules.  (a)  Thedepartment shall have the power, subject to the provisions of this section, toestablish, implement, and enforce interim rules governing the transporting offlora and fauna into and within the State.  Such rules shall not be subject tochapter 91.

(b)  An interim rule may be adopted in theevent that the importation or movement of any flora or fauna, in the absence ofeffective rules, creates a situation dangerous to the public health and safetyor to the ecological health of flora or fauna present in the State which is soimmediate in nature as to constitute an emergency.  No interim rule shall beadopted without such a finding by the advisory committee on plants and animalscreated under section 150A-10.

(c)  Interim rules adopted by the departmentpursuant to this section shall be effective as stated by such rules; providedthat:

(1)  Any interim rule shall be published at least oncestatewide within twelve days of issuance; and

(2)  No interim rule shall be effective for more thanone year.

(d)  Any person may appeal the reasonablenessof any interim rule or determination of the advisory committee to the circuitcourt. [L 1977, c 114, §1; am L 1999, c 177, §6; am L 2000, c 211, §7; am L2003, c 85, §10; am L 2004, c 10, §16]