Regulation and Enforcement | Frequently Asked Questions

Administrative Procedures FAQs

Frequently asked questions specifically concerning business regulation and enforcement administrative procedures topics.


Our Most Frequently Asked Questions:
 

  1. What is the normal process for submitting a rule for publication in the Administrative Bulletin and Code?
  2. What if I have an emergency need to adopt rules prior to the mandatory notice periods?
  3. How long must an agency wait before holding a Public Comment Hearing?
  4. How long do rules have to be proposed before I can file final rules?
  5. How long do rules have to be filed as final rules before they are effective?
  6. Where can I find the Administrative Bulletin and Code?



Answers to our most Frequently Asked Questions:

1. What is the normal process for submitting a rule for publication in the Administrative Bulletin and Code?

Answer:
Rules must be submitted as proposed rules to our Division using APA SOS Form 001. When an acceptable filing is submitted with this form, it is published on this website in the Administrative Bulletin. After twenty-five (25) days, it is possible to file a final copy of the rules using the same form. These final rules will remain in the Administrative Bulletin for thirty (30) days before they become effective. In the future, when the Administrative Code is available, the final rules will then be published in the Administrative Code without any further action on your part.

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2. What if I have an emergency need to adopt rules prior to the mandatory notice periods?

Answer:
The Administrative Procedures Act provides for a situation in which an agency finds that imminent peril to public safety, welfare, or health requires the adoption of rules on less than the required twenty-five (25) day notice period. In this instance, an agency may file an Emergency rule which will be effective immediately upon filing and will remain effective for a further one hundred twenty (120) days. An emergency rule may be renewed for a ninety (90) day period.

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3. How long must an agency wait before holding a Public Comment Hearing?

Answer:
You must wait twenty (20) days from the time the notice of the Public Comment Hearing is published in the Administrative Bulletin to hold the hearing. That means that if you schedule a Public Comment Hearing at the time you propose your rules, you must wait until the twenty-first (21st) day after filing of that notice to hold the hearing.

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4. How long do rules have to be proposed before I can file final rules?

Answer:
You must wait twenty-five (25) days from the time notice of your proposed rules is filed in the Administrative Bulletin to file your rules as final.

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5. How long do rules have to be filed as final rules before they are effective?

Answer:
Final rules are not effective upon filing. Final rules are effective thirty (30) days following the file date.

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6. Where can I find the Administrative Bulletin and Code?

Answer:
The Administrative Bulletin is available on this website. It is an exclusively electronic publication as the Code will be. The Administrative Code will soon be available as an electronic publication as well.

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