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



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



(c)  Interim rules adopted by the department
pursuant to this section shall be effective as stated by such rules; provided
that:



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



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



(d)  Any person may appeal the reasonableness
of any interim rule or determination of the advisory committee to the circuit
court. [L 1977, c 114, §1; am L 1999, c 177, §6; am L 2000, c 211, §7; am L
2003, c 85, §10; am L 2004, c 10, §16]