§ 42-35-4.1 Refiling of rules andregulations. – (a) Each agency shall, on or before January 2, 2002, according to a schedulespecified by the secretary of state, file with the secretary of state acertified copy of all its lawfully adopted rules which are in force on the dateof the filing.
(b) All filed rules shall be submitted in a format specifiedby the secretary of state as directed by § 42-35-3.1.
(c) Each agency shall give notice thirty (30) days prior torefiling any rule or regulation in order to comply with this section. Eachagency shall also give notice thirty (30) days prior to that agency's due datefor refiling of which rules and regulations it shall not be refiling. Thenotices shall include a statement of the intended action and a description ofthe subjects and issues involved. The notice shall be mailed to all persons whohave made timely request of the agency for advance notice of its rule-makingproceedings, and published in a newspaper or newspapers having aggregategeneral circulation throughout the state. Copies of rules which are not to berefiled shall be available at the agency and by mail to any member of thepublic upon request. In addition, notice of that action shall be submitted tothe governor.
(d) The rules and regulations listed for non-refiling undersubsection (c) of this section shall be repealed pursuant to this section onlyin accordance with the provisions of § 42-35-3(a).
(e) Agency compliance with this section shall be coordinatedin accordance with a schedule established by the secretary of state for agencyrefiling of rules.
(f) When refiling rules and regulations, agencies may changethe format of existing rules without any rule-making action by the agency inorder to comply with the format for filing specified by the secretary of stateso long as there is no substantive change to the rule.
(g) Any rule lawfully promulgated prior to July 3, 2001 shallremain in full force and effect until:
(1) The rule should expire before July 3, 2001 pursuant toits own terms and provisions; or
(2) The rule is repealed by the lawful act of the agency, inconformity with this chapter; or
(3) The rule is invalidated by an act of the legislature orthe force and effect of another law.
(h) Commencing in September 2002, and every five (5) years inSeptember thereafter, the secretary of state shall prepare a public list of alladopted rules and regulations which have not been refiled or repealed inaccordance with this section or § 42-35-4.2. The secretary of state shallforward copies of the list to the various state departments and agenciesresponsible for the rules and regulations. Each agency or department shallreview the list and repeal, in accordance with § 42-35-3(a), all rules andregulations that are no longer operative. If the agency takes no action on arule contained in the secretary of state's list, the rule shall remain lawfullypromulgated.
§ 42-35-4.1 Refiling of rules andregulations. – (a) Each agency shall, on or before January 2, 2002, according to a schedulespecified by the secretary of state, file with the secretary of state acertified copy of all its lawfully adopted rules which are in force on the dateof the filing.
(b) All filed rules shall be submitted in a format specifiedby the secretary of state as directed by § 42-35-3.1.
(c) Each agency shall give notice thirty (30) days prior torefiling any rule or regulation in order to comply with this section. Eachagency shall also give notice thirty (30) days prior to that agency's due datefor refiling of which rules and regulations it shall not be refiling. Thenotices shall include a statement of the intended action and a description ofthe subjects and issues involved. The notice shall be mailed to all persons whohave made timely request of the agency for advance notice of its rule-makingproceedings, and published in a newspaper or newspapers having aggregategeneral circulation throughout the state. Copies of rules which are not to berefiled shall be available at the agency and by mail to any member of thepublic upon request. In addition, notice of that action shall be submitted tothe governor.
(d) The rules and regulations listed for non-refiling undersubsection (c) of this section shall be repealed pursuant to this section onlyin accordance with the provisions of § 42-35-3(a).
(e) Agency compliance with this section shall be coordinatedin accordance with a schedule established by the secretary of state for agencyrefiling of rules.
(f) When refiling rules and regulations, agencies may changethe format of existing rules without any rule-making action by the agency inorder to comply with the format for filing specified by the secretary of stateso long as there is no substantive change to the rule.
(g) Any rule lawfully promulgated prior to July 3, 2001 shallremain in full force and effect until:
(1) The rule should expire before July 3, 2001 pursuant toits own terms and provisions; or
(2) The rule is repealed by the lawful act of the agency, inconformity with this chapter; or
(3) The rule is invalidated by an act of the legislature orthe force and effect of another law.
(h) Commencing in September 2002, and every five (5) years inSeptember thereafter, the secretary of state shall prepare a public list of alladopted rules and regulations which have not been refiled or repealed inaccordance with this section or § 42-35-4.2. The secretary of state shallforward copies of the list to the various state departments and agenciesresponsible for the rules and regulations. Each agency or department shallreview the list and repeal, in accordance with § 42-35-3(a), all rules andregulations that are no longer operative. If the agency takes no action on arule contained in the secretary of state's list, the rule shall remain lawfullypromulgated.
§ 42-35-4.1 Refiling of rules andregulations. – (a) Each agency shall, on or before January 2, 2002, according to a schedulespecified by the secretary of state, file with the secretary of state acertified copy of all its lawfully adopted rules which are in force on the dateof the filing.
(b) All filed rules shall be submitted in a format specifiedby the secretary of state as directed by § 42-35-3.1.
(c) Each agency shall give notice thirty (30) days prior torefiling any rule or regulation in order to comply with this section. Eachagency shall also give notice thirty (30) days prior to that agency's due datefor refiling of which rules and regulations it shall not be refiling. Thenotices shall include a statement of the intended action and a description ofthe subjects and issues involved. The notice shall be mailed to all persons whohave made timely request of the agency for advance notice of its rule-makingproceedings, and published in a newspaper or newspapers having aggregategeneral circulation throughout the state. Copies of rules which are not to berefiled shall be available at the agency and by mail to any member of thepublic upon request. In addition, notice of that action shall be submitted tothe governor.
(d) The rules and regulations listed for non-refiling undersubsection (c) of this section shall be repealed pursuant to this section onlyin accordance with the provisions of § 42-35-3(a).
(e) Agency compliance with this section shall be coordinatedin accordance with a schedule established by the secretary of state for agencyrefiling of rules.
(f) When refiling rules and regulations, agencies may changethe format of existing rules without any rule-making action by the agency inorder to comply with the format for filing specified by the secretary of stateso long as there is no substantive change to the rule.
(g) Any rule lawfully promulgated prior to July 3, 2001 shallremain in full force and effect until:
(1) The rule should expire before July 3, 2001 pursuant toits own terms and provisions; or
(2) The rule is repealed by the lawful act of the agency, inconformity with this chapter; or
(3) The rule is invalidated by an act of the legislature orthe force and effect of another law.
(h) Commencing in September 2002, and every five (5) years inSeptember thereafter, the secretary of state shall prepare a public list of alladopted rules and regulations which have not been refiled or repealed inaccordance with this section or § 42-35-4.2. The secretary of state shallforward copies of the list to the various state departments and agenciesresponsible for the rules and regulations. Each agency or department shallreview the list and repeal, in accordance with § 42-35-3(a), all rules andregulations that are no longer operative. If the agency takes no action on arule contained in the secretary of state's list, the rule shall remain lawfullypromulgated.
