Exempt Agency Actions

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The following agency actions are exempt from this chapter:

  1. The collection and payment of social security funds, retirement funds or employee benefit funds;
  2. Participation in any federal program, if under federal law the participation would be prevented by compliance with this chapter;
  3. All emergency rules, or emergency purchases, if the governor agrees that an emergency exists and that a timely economic impact statement could not be prepared, but within a reasonable period of time after the action, an appropriate economic impact statement shall be prepared;
  4. All legislative actions;
  5. All purchases by any state agency that have a fair market value or monetary value that is less than twenty-five thousand dollars ($25,000);
  6. Ministerial action by an agency that complies with applicable statutes and rules; provided, however, this exemption does not include an agency action where the contracting of services is considered or used instead of state employees;
  7. Action by a state agency that is required by law to be maintained as confidential;
  8. The preparation and sale of all bonds that are processed by the state funding board;
  9. Expenditures of money from trust funds that previously have been designed by the general assembly for a specific purpose;
  10. The prosecution of civil, criminal or administrative actions before any court or before an administrative hearing officer; and
  11. Actions involving persons in the custody of the state voluntarily or under court order.


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