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§42-35-2.5  Electronic posting of advance notice of proposed rulemaking. –


Published: 2015

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TITLE 42

State Affairs and Government

CHAPTER 42-35

Administrative Procedures

SECTION 42-35-2.5



   § 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

publication.



   (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.)