Rhode Island General Laws 42-35-2.10. Emergency rule
If an agency finds that an imminent peril to the public health, safety, or welfare or the loss of federal funding for an agency program requires the immediate promulgation of an emergency rule and publishes in a record with the secretary of state and on its agency website reasons for that finding, the agency, without prior notice or hearing or on any abbreviated notice and hearing that it finds practicable, may promulgate an emergency rule without complying with § 42-35-2.7 through § 42-35-2.9. The agency head and the governor, or the governor’s designee, must sign the emergency rule to become effective. The emergency rule may be effective for not longer than one hundred twenty (120) days, renewable once for a period not exceeding sixty (60) days. The promulgation of an emergency rule does not preclude the promulgation of a rule under § 42-35-2.6 through § 42-35-2.9. The agency shall file with the secretary of state a rule created under this section as soon as practicable given the nature of the emergency and publish the rule on its agency website. The secretary of state shall notify persons that have requested notice of rules related to that subject matter.
History of Section.
P.L. 2016, ch. 203, § 3; P.L. 2016, ch. 206, § 3.
Terms Used In Rhode Island General Laws 42-35-2.10
- agency: means a state agency, authority, board, bureau, commission, department, district, division, institution, office, officer, quasi-public agency, or other political subdivisions created by the general assembly or the governor, other than the legislature or the judiciary, that is authorized by law of this state to make rules or to determine contested cases. See Rhode Island General Laws 42-35-1
- Agency head: means the individual in whom, or one or more members of the body of individuals in which, the ultimate legal authority of an agency is vested. See Rhode Island General Laws 42-35-1
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Rhode Island General Laws 42-35-1
- Rule: means the whole or a part of an agency statement of general applicability that implements, interprets, or prescribes law or policy or the organization, procedure, or practice requirements of an agency and has the force of law. See Rhode Island General Laws 42-35-1
- Sign: means , with present intent, to authenticate a record:
(i) To execute a tangible symbol; or
(ii) To attach to or logically associate with the record an electronic symbol, sound, or process. See Rhode Island General Laws 42-35-1
- Website: means a website on the internet or other similar technology or successor technology that permits the public to search a database that archives materials required to be published or exhibited by the secretary of state or an agency under this chapter. See Rhode Island General Laws 42-35-1