§ 42-35-3 Procedures for adoption ofrules. – (a) Prior to the adoption, amendment, or repeal of any rule the agency shall:
(1) Give at least thirty (30) days notice of its intendedaction. The notice shall include a statement of either the terms or substanceof the intended action or a description of the subjects and issues involved,and of the time when, the place where, and the manner in which interestedpersons may present their views thereon. The notice shall be mailed to allpersons who have made timely request of the agency for advance notice of itsrule-making proceedings, and published in a newspaper or newspapers havingaggregate general circulation throughout the state; provided, however, that ifthe action is limited in its applicability to a particular area, then thepublication may be in a newspaper having general circulation in the area. Inlieu of newspaper publication, advance notice of proposed rulemaking by thedepartment of health may be provided via electronic media on a websitemaintained by the office of the secretary of state. Authorization for suchelectronic notice shall commence on July 1, 2005. In lieu of newspaperpublication, advance notice of proposed rulemaking by all other statedepartments, agencies and authorities may also be provided via electronic mediaon a website maintained by the office of secretary of state, and authorizationfor such electronic notice shall commence on May 1, 2008. Copies of proposedrules shall be available at the agency at the time of the notice required bythis subsection, and by mail to any member of the public upon request. Theagency shall also prepare a concise summary of all non-technical amendmentsbeing proposed that shall be made available with copies of the proposed rulesthemselves.
(2) Afford all interested persons reasonable opportunity tosubmit data, views, or arguments, orally or in writing. In the case of rules,opportunity for oral hearing must be granted if requested by twenty-five (25)persons, or by a governmental subdivision or agency, or by an associationhaving not less than twenty-five (25) members. The agency shall consider fullyall written and oral submissions respecting the proposed rule. Upon adoption ofa rule, the agency, if requested to do so by an interested person, either priorto adoption or within thirty (30) days thereafter, shall issue a concisestatement of the principal reasons for and against its adoption, incorporatingtherein its reasons for overruling the considerations urged against itsadoption.
(3) Demonstrate the need for the adoption, amendment, orrepeal of any rule in the record of the rulemaking proceeding. The agency shalldemonstrate that there is no alternative approach among the alternativesconsidered during the rulemaking proceeding which would be as effective andless burdensome to affected private persons as another regulation. Thisstandard requires that an agency proposing to adopt any new regulation mustidentify any other state regulation which is overlapped or duplicated by theproposed regulation and justify any overlap or duplication.
(4) Comply with § 42-35-3.3.
(5) Ensure that any proposed additions, deletions or otheramendments to the rules and regulations be clearly marked. If an agencyproposes adoption of a new rule to supersede an existing rule, the agency shallmake available a summary of all non-technical differences between the existingand proposed rules. An agency's lawful promulgation of amendments to anexisting rule shall be deemed to supersede and repeal the previous enactmentsof that rule, provided that the public notice required under subdivision (a)(1)of this section indicated such an intent.
(b) If an agency finds that an imminent peril to the publichealth, safety, or welfare requires adoption of a rule upon less than thirty(30) days' notice, and states in writing its reasons for that finding, it mayproceed without prior notice or hearing or upon any abbreviated notice andhearing that it finds practicable, to adopt an emergency rule. The rule soadopted may be effective for a period of not longer than one hundred twenty(120) days renewable once for a period not exceeding ninety (90) days, but theadoption of an identical rule under subdivisions (a)(1) and (a)(2) is notprecluded.
(c) No rule hereafter adopted is valid unless adopted insubstantial compliance with this section, but no contest of any rule on itsface on the ground of noncompliance with the procedural requirements of thissection may be commenced after two (2) years from its effective date, but acontest of any rule as applied to the complainant may proceed if thecomplainant can demonstrate prejudice as a result of the agency's noncompliancewith this section.
§ 42-35-3 Procedures for adoption ofrules. – (a) Prior to the adoption, amendment, or repeal of any rule the agency shall:
(1) Give at least thirty (30) days notice of its intendedaction. The notice shall include a statement of either the terms or substanceof the intended action or a description of the subjects and issues involved,and of the time when, the place where, and the manner in which interestedpersons may present their views thereon. The notice shall be mailed to allpersons who have made timely request of the agency for advance notice of itsrule-making proceedings, and published in a newspaper or newspapers havingaggregate general circulation throughout the state; provided, however, that ifthe action is limited in its applicability to a particular area, then thepublication may be in a newspaper having general circulation in the area. Inlieu of newspaper publication, advance notice of proposed rulemaking by thedepartment of health may be provided via electronic media on a websitemaintained by the office of the secretary of state. Authorization for suchelectronic notice shall commence on July 1, 2005. In lieu of newspaperpublication, advance notice of proposed rulemaking by all other statedepartments, agencies and authorities may also be provided via electronic mediaon a website maintained by the office of secretary of state, and authorizationfor such electronic notice shall commence on May 1, 2008. Copies of proposedrules shall be available at the agency at the time of the notice required bythis subsection, and by mail to any member of the public upon request. Theagency shall also prepare a concise summary of all non-technical amendmentsbeing proposed that shall be made available with copies of the proposed rulesthemselves.
(2) Afford all interested persons reasonable opportunity tosubmit data, views, or arguments, orally or in writing. In the case of rules,opportunity for oral hearing must be granted if requested by twenty-five (25)persons, or by a governmental subdivision or agency, or by an associationhaving not less than twenty-five (25) members. The agency shall consider fullyall written and oral submissions respecting the proposed rule. Upon adoption ofa rule, the agency, if requested to do so by an interested person, either priorto adoption or within thirty (30) days thereafter, shall issue a concisestatement of the principal reasons for and against its adoption, incorporatingtherein its reasons for overruling the considerations urged against itsadoption.
(3) Demonstrate the need for the adoption, amendment, orrepeal of any rule in the record of the rulemaking proceeding. The agency shalldemonstrate that there is no alternative approach among the alternativesconsidered during the rulemaking proceeding which would be as effective andless burdensome to affected private persons as another regulation. Thisstandard requires that an agency proposing to adopt any new regulation mustidentify any other state regulation which is overlapped or duplicated by theproposed regulation and justify any overlap or duplication.
(4) Comply with § 42-35-3.3.
(5) Ensure that any proposed additions, deletions or otheramendments to the rules and regulations be clearly marked. If an agencyproposes adoption of a new rule to supersede an existing rule, the agency shallmake available a summary of all non-technical differences between the existingand proposed rules. An agency's lawful promulgation of amendments to anexisting rule shall be deemed to supersede and repeal the previous enactmentsof that rule, provided that the public notice required under subdivision (a)(1)of this section indicated such an intent.
(b) If an agency finds that an imminent peril to the publichealth, safety, or welfare requires adoption of a rule upon less than thirty(30) days' notice, and states in writing its reasons for that finding, it mayproceed without prior notice or hearing or upon any abbreviated notice andhearing that it finds practicable, to adopt an emergency rule. The rule soadopted may be effective for a period of not longer than one hundred twenty(120) days renewable once for a period not exceeding ninety (90) days, but theadoption of an identical rule under subdivisions (a)(1) and (a)(2) is notprecluded.
(c) No rule hereafter adopted is valid unless adopted insubstantial compliance with this section, but no contest of any rule on itsface on the ground of noncompliance with the procedural requirements of thissection may be commenced after two (2) years from its effective date, but acontest of any rule as applied to the complainant may proceed if thecomplainant can demonstrate prejudice as a result of the agency's noncompliancewith this section.
§ 42-35-3 Procedures for adoption ofrules. – (a) Prior to the adoption, amendment, or repeal of any rule the agency shall:
(1) Give at least thirty (30) days notice of its intendedaction. The notice shall include a statement of either the terms or substanceof the intended action or a description of the subjects and issues involved,and of the time when, the place where, and the manner in which interestedpersons may present their views thereon. The notice shall be mailed to allpersons who have made timely request of the agency for advance notice of itsrule-making proceedings, and published in a newspaper or newspapers havingaggregate general circulation throughout the state; provided, however, that ifthe action is limited in its applicability to a particular area, then thepublication may be in a newspaper having general circulation in the area. Inlieu of newspaper publication, advance notice of proposed rulemaking by thedepartment of health may be provided via electronic media on a websitemaintained by the office of the secretary of state. Authorization for suchelectronic notice shall commence on July 1, 2005. In lieu of newspaperpublication, advance notice of proposed rulemaking by all other statedepartments, agencies and authorities may also be provided via electronic mediaon a website maintained by the office of secretary of state, and authorizationfor such electronic notice shall commence on May 1, 2008. Copies of proposedrules shall be available at the agency at the time of the notice required bythis subsection, and by mail to any member of the public upon request. Theagency shall also prepare a concise summary of all non-technical amendmentsbeing proposed that shall be made available with copies of the proposed rulesthemselves.
(2) Afford all interested persons reasonable opportunity tosubmit data, views, or arguments, orally or in writing. In the case of rules,opportunity for oral hearing must be granted if requested by twenty-five (25)persons, or by a governmental subdivision or agency, or by an associationhaving not less than twenty-five (25) members. The agency shall consider fullyall written and oral submissions respecting the proposed rule. Upon adoption ofa rule, the agency, if requested to do so by an interested person, either priorto adoption or within thirty (30) days thereafter, shall issue a concisestatement of the principal reasons for and against its adoption, incorporatingtherein its reasons for overruling the considerations urged against itsadoption.
(3) Demonstrate the need for the adoption, amendment, orrepeal of any rule in the record of the rulemaking proceeding. The agency shalldemonstrate that there is no alternative approach among the alternativesconsidered during the rulemaking proceeding which would be as effective andless burdensome to affected private persons as another regulation. Thisstandard requires that an agency proposing to adopt any new regulation mustidentify any other state regulation which is overlapped or duplicated by theproposed regulation and justify any overlap or duplication.
(4) Comply with § 42-35-3.3.
(5) Ensure that any proposed additions, deletions or otheramendments to the rules and regulations be clearly marked. If an agencyproposes adoption of a new rule to supersede an existing rule, the agency shallmake available a summary of all non-technical differences between the existingand proposed rules. An agency's lawful promulgation of amendments to anexisting rule shall be deemed to supersede and repeal the previous enactmentsof that rule, provided that the public notice required under subdivision (a)(1)of this section indicated such an intent.
(b) If an agency finds that an imminent peril to the publichealth, safety, or welfare requires adoption of a rule upon less than thirty(30) days' notice, and states in writing its reasons for that finding, it mayproceed without prior notice or hearing or upon any abbreviated notice andhearing that it finds practicable, to adopt an emergency rule. The rule soadopted may be effective for a period of not longer than one hundred twenty(120) days renewable once for a period not exceeding ninety (90) days, but theadoption of an identical rule under subdivisions (a)(1) and (a)(2) is notprecluded.
(c) No rule hereafter adopted is valid unless adopted insubstantial compliance with this section, but no contest of any rule on itsface on the ground of noncompliance with the procedural requirements of thissection may be commenced after two (2) years from its effective date, but acontest of any rule as applied to the complainant may proceed if thecomplainant can demonstrate prejudice as a result of the agency's noncompliancewith this section.
