§ 28-32-03 — Emergency rules

1. If the agency, with the approval of the governor, or the commission finds that
emergency rulemaking is necessary, the commission or agency may declare the
proposed rule to be an interim final rule effective on a date no earlier than the date of
filing with the legislative council of the notice required by section 28-32-10.
2. A proposed rule may be given effect on an emergency basis under this section if any
of the following grounds exists regarding that rule:
a. Imminent peril threatens public health, safety, or welfare, which would be abated
by emergency effectiveness;
b. A delay in the effective date of the rule is likely to cause a loss of funds
appropriated to support a duty imposed by law upon the commission or agency;
c. Emergency effectiveness is reasonably necessary to avoid a delay in
implementing an appropriations measure; or

d. Emergency effectiveness is necessary to meet a mandate of federal law.
3. A final rule adopted after consideration of all written and oral submissions respecting
the interim final rule, which is substantially similar to the interim final rule, is effective
as of the declared effective date of the interim final rule.
4. The commission's or agency's finding, and a brief statement of the commission's or
agency's reasons for the finding, must be filed with the legislative council with the final
adopted emergency rule.
5. The commission or agency shall attempt to make interim final rules known to persons
who the commission or agency can reasonably be expected to believe may have a
substantial interest in them. As used in this subsection, "substantial interest" means an
interest in the effect of the rules which surpasses the common interest of all citizens.
The commission or an agency adopting emergency rules shall comply with the notice
requirements of section 28-32-10 which relate to emergency rules and shall provide
notice to the chairman of the administrative rules committee of the emergency status,
declared effective date, and grounds for emergency status of the rules under
subsection 2. When notice of emergency rule adoption is received, the legislative
council shall publish the notice and emergency rules on its website.
6. An interim final rule is ineffective one hundred eighty days after its declared effective
date unless first adopted as a final rule.