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Rule-Making Steps and Time Frame for Legislative-Exempt, Procedural and Interpretive Rules

Legislative-exempt, procedural and interpretive rules can be in effect as soon as sixty (60) days after an agency proposes a rule.

PLEASE NOTE
All needed forms become available in the Secretary of State’s eRules system when the rule is uploaded to the correct field.

Legislative-Exempt, Procedural and Interpretive Rule-Making Steps

Step 1

Public Comment Period

  • The agency makes the proposed rule available to the public for a written comment period, public hearing or both by filing a Notice of Public Comment Period with the Secretary of State’s office.

  • The comment period must be for a minimum of thirty (30) days but not more than sixty (60) days.

  • The entire rule must be filed with language to be deleted struck-through and new language to be added underlined.

  • The form filed with the rule will contain the required information including the date, time and place for the receipt of public comments and/or hearing information.

  • Any “adopted by reference”, “supporting documents”, “other” documents and any tables, charts, diagrams etc. must be filed at this time for consideration throughout the rule-making process.

Step 2

Final Filing

  • After the close of the public comment period and after considering the comments received, the agency final files the rule.

  • A clean copy of the entire rule must be filed including the removal of all strike-throughs and underlines and any changes based on comments. The filing date and effective date will also be added to the General section of the rule.

  • A copy of all comments received and/or a hearing transcript along with the agency response to each comment, including any changes made, must be submitted. An agency may consolidate substantially similar comments and responses in the interest of efficiency.

  • The form filed with rule will contain the required information including the effective date of the rule which must be at least thirty (30) days after the final filing and not later than sixty (60) days.

Remember

The agency must adopt or withdraw the rule within six (6) months after the close of the public comment period.

Failure to do so constitutes withdrawal.


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