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Title

03

:
Executive






Chapter

025

:
ADMINISTRATIVE PROCEDURE











 

§

843. Filing of adopted rules

(a) An adopting

authority may adopt a properly filed final proposed rule after:

(1) The passage

of 30 days from the date a rule is first placed on the committee's agenda or 45

days after filing of a final proposal under section 841 of this title,

whichever occurs first, provided the agency has not received notice of

objection from the legislative committee on administrative rules; or

(2) Receiving

notice of approval from the legislative committee on administrative rules; or

(3) Responding

to an objection of the legislative committee on administrative rules under

section 842 of this title.

(b) The text of

the adopted rule shall be the same as the text of the final proposed rule

submitted under section 841, except that any germane change may be made by the

agency in response to an objection or expressed concern of the legislative

committee on administrative rules.

(c) Adoption

shall be complete upon proper filing with the secretary of state and with the

legislative committee on administrative rules. An agency shall have eight

months from the date of initial filing with the secretary of state to adopt a

rule unless extended by action or request of the legislative committee on

administrative rules. The secretary of state shall refuse to accept a final

filing after that date.

(d) Adopted

rules filed shall include:

(1) A cover

sheet on a form prepared by the secretary of state containing at least the

following information:

(A) the name of

the agency;

(B) the title or

subject of the rule;

(C) a brief

summary of any changes made since the filing of the final proposed rule,

including any changes in expected economic impact;

(D) a summary of

the dates on which the agency complied with the procedural requirements of this

chapter; and

(E) a signed and

dated statement by the adopting authority that the procedural requirements of

this chapter have been met and that the adopting authority approves of the

contents of the filing; and

(2) An adopting

page as required by section 838 of this title; and

(3) The text of

the rule.

(e) After

adopting a rule, the agency shall create a file containing all papers used or

created in that action. The file shall be retained for at least one year.

(Added 1981, No. 82, § 6; amended 1983, No. 202 (Adj. Sess.), § 1, eff. April

26, 1984; 1999, No. 9, § 2, eff. May 4, 1999.)