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Department of Insurance Rulemaking for 2007Proposed/TemporaryPending Rules A proposed rule is defined as a formal, written proposal by the agency to adopt a new rule, or amend or repeal an existing rule in accordance with the Administrative Procedure Act. Legal notice of proposed rulemakings is published by the Office of Administrative Rules in the newspaper with the largest paid circulation in each county of the state. Because it is a proposed rule, it has no force and effect, and, therefore, has no effective date. A final effective date is added only after the rule has gone through the legislative review process and has been approved as a final rule. Proposed Rules: 18.01.53 –
Continuing Education Proposed Fee Rule: 18.01.44 – Schedule of fees, licenses & miscellaneous charges A temporary rule is one that is adopted by an agency and becomes effective and enforceable on the date specified in the rule prior to its review and approval by the legislature. An agency may make a temporary rule immediately effective. However, in order to adopt a temporary rule it must meet certain criteria: the governor finds that adoption of the rule ensures protection of the public health, safety, or welfare; or compliance with deadlines in amendments to governing law or federal programs, or it confers a benefit. A temporary rule imposing a fee or charge may be adopted by the agency only if the governor finds that the fee or charge is necessary to avoid immediate danger which justifies the imposition of the fee or charge. Temporary rules that are adopted before the beginning of a legislative session must be submitted for review and by the legislature in order to remain in effect beyond the end of the upcoming session. Temporary rules that are adopted during a legislative session remain in effect until the next succeeding regular session of the legislature or until they expire. All temporary rules adopted before the session must be submitted for legislative review and extended by concurrent resolution in order to remain in effect beyond the end of the legislative session. Failure to submit the temporary rule for review and extension, or rejection of the rule by the legislature, render the rule null, void and of no force and effect. Temporary Rules: 18.01.50
- 2006 International Fire Code A pending rule is fined as a rule that has been adopted by an agency under regular rulemaking procedures and remains subject to legislative review. It is “pending” legislative review and final approval. Pending Rules: None at this time.
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