Frequently asked questions specifically concerning Regulation and Enforcement Administrative Procedures topics:
OUR MOST FREQUENTLY ASKED QUESTIONS
- 1.What is the normal process for submitting a rule for publication in the Administrative Bulletin and Code?
- 2.What if I have an emergency need to adopt rules prior to the mandatory notice periods?
- 3.How long must an agency wait before holding a Public Comment Hearing?
- 4.How long do rules have to be proposed before I can file final rules?
- 5.How long do rules have to be filed as final rules before they are effective?
- 6.Where can I find the Administrative Bulletin and Code?
FAQ ANSWERS
1.What is the normal process for submitting a rule for publication in the Administrative Bulletin and Code?
Answer:
Rules must be submitted as proposed rules to our Division using APA SOS Form 001. When an acceptable filing is submitted with this form, it is published on this website in the Administrative Bulletin. After twenty-five (25) days, it is possible to file a final copy of the rules using the same form. These final rules will remain in the Administrative Bulletin for thirty (30) days before they become effective. After the rules become effective, they are then moved into the Administrative Code documents where they remain indefinitely.
Back to top2.What if I have an emergency need to adopt rules prior to the mandatory notice periods?
Answer:
The Administrative Procedures Act provides for a situation in which an agency finds that imminent peril to public safety, welfare, or health requires the adoption of rules on less than the required twenty-five (25) day notice period. In this instance, an agency may file an Emergency rule which will be effective immediately upon filing and will remain effective for a further one hundred twenty (120) days. An emergency rule may be renewed for a ninety (90) day period.
Back to top3.How long must an agency wait before holding a Public Comment Hearing?
Answer:
An Agency must wait twenty (20) full calendar days from the time the notice of the Public Comment Hearing is published in the Administrative Bulletin to hold the hearing.
Back to top4.How long do rules have to be proposed before I can file final rules?
Answer:
You must wait twenty-five (25) days from the time notice of your proposed rules is filed in the Administrative Bulletin to file your rules as final.
Back to top5.How long do rules have to be filed as final rules before they are effective?
Answer:
Final rules are not effective upon filing. Final rules are effective thirty (30) days following the file date unless a late date is specified.
Back to top6. Where can I find the Administrative Bulletin and Code?
Answer:
The Administrative Bulletin and Code are exclusively electronic publications and are available on this website.
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