Rules; review and approval by legislature; duties of commissioner

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37-336. Rules; review and approval by legislature; duties of commissioner

A. The commissioner may adopt rules pursuant to title 41, chapter 6 to carry out this article. All rules adopted by the commissioner are subject to review and approval by the legislature.

B. Following the adoption of a rule, the commissioner shall immediately forward a certified copy to the speaker of the house of representatives and the president of the senate. The legislature may review and, by concurrent resolution, approve, disapprove or modify any rule submitted by the commissioner for review and approval. Each rule adopted by the commissioner as provided by law is effective pending legislative review. If a concurrent resolution is not passed by the legislature with respect to the rule within one year following receipt of a certified copy, the rule is deemed to have been approved by the legislature.

C. On disapproval by the legislature of a rule, the commissioner shall immediately discontinue the use of any procedure, action or proceeding authorized or required by the disapproved rule. On modification by the legislature of a rule, the commissioner shall immediately suspend the use of any procedure, action or proceeding authorized or required by the original rule until a modified rule has been adopted in accordance with title 41, chapter 6. Following the adoption of the modified rule, the commissioner shall conduct all subsequent proceedings in accordance with the modified version of the rule.


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