State Affairs and Government
§ 42-35-2.5 Electronic posting of advance
notice of proposed rulemaking.
(a) In order to afford all interested persons reasonable opportunity to submit
data, views or arguments, any website maintained by the office of the secretary
of state in accordance with subdivision 42-35-3(a)(1) shall be formatted so as
to allow members of the public to view advanced notices of proposed rulemaking
by the date of posting and by the agency that posted them. In addition, such
website shall contain an up-to-date list of all agencies using the website as
their primary source for proposed rulemaking notices.
(b) Any agency submitting advance notice of proposed
rulemaking via electronic media on the website maintained by the secretary of
state shall do so in accordance with procedures established by the secretary of
state. The agency shall also post such notice on the agency's own website.
Unless and until an agency formally withdraws from submitting proposed
rulemaking via electronic media, the agency shall submit all advance notices of
proposed rulemaking in this fashion; provided, however, nothing contained
herein shall prohibit the agency from also posting notices in a newspaper
(c) If an agency utilizing electronic posting as its primary
source for advanced proposed rulemaking notices is required to make available a
summary of all non-technical differences between the existing and proposed
rules pursuant to subdivisions 42-35-3(a)(1) and 42-35-3(a)(5), that summary
shall also be available on the website maintained by the secretary of state.
(d) The office of the secretary of state shall establish a
process to provide timely notification via electronic mail, to any person so
requesting, any agency advance notices of proposed rulemaking submitted via
electronic media pursuant to subdivision 42-35-3(a)(1).
History of Section.
(P.L. 2009, ch. 359, § 1.)