Emergency rulemaking procedure.

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  • (1) All agencies shall comply with the rulemaking procedures of Section 63G-3-301 unless an agency finds that these procedures would:
    • (a) cause an imminent peril to the public health, safety, or welfare;
    • (b) cause an imminent budget reduction because of budget restraints or federal requirements; or
    • (c) place the agency in violation of federal or state law.
  • (2)
    • (a) When finding that its rule is excepted from regular rulemaking procedures by this section, the agency shall file with the office and the members of the Administrative Rules Review Committee:
      • (i) the text of the rule; and
      • (ii) a rule analysis that includes the specific reasons and justifications for its findings.
    • (b) The office shall publish the rule in the bulletin as provided in Subsection 63G-3-301(4).
    • (c) The agency shall notify interested persons as provided in Subsection 63G-3-301(10).
    • (d) Subject to Subsection 63G-3-502(4), the rule becomes effective for a period not exceeding 120 days on the date of filing or any later date designated in the rule.
  • (3) If the agency intends the rule to be effective beyond 120 days, the agency shall also comply with the procedures of Section 63G-3-301.




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