235.03.3-005. Emergency Rule-Making
AR ADC 235.03.3-005Arkansas Administrative CodeEffective: August 12, 2022
Effective: August 12, 2022
Ark. Admin. Code 235.03.3-005
Formerly cited as AR ADC 010.13.1-005
235.03.3-005. Emergency Rule-Making
Rule 010.13-004(C), the proponent will provide a written statement setting out the facts or circumstances that would support a finding of imminent peril to the public health, safety, or welfare.
Upon receipt of the written statement requesting an emergency rule-making and documents or other evidence submitted in support of the assertion that an emergency exists, the Board will make an independent judgment as to whether the circumstances and facts constitute an imminent peril to the public health, safety, or welfare requiring adoption of the rule upon fewer than 30 days notice. If the Board determines that the circumstances warrant emergency rule-making, it will make a written determination that sets out the reasons for the Board's finding that an emergency exists. Upon making this finding, the Board may proceed to adopt the rule without any prior notice or hearing, or it may determine to provide an abbreviated notice and hearing.
1. The Board shall not finalize an emergency rule or file an emergency rule with the Secretary of State for adoption until the emergency rule has been approved under Ark. Code Ann. § 10-3-309. An emergency rule shall not be effective before the emergency rule has been approved under Ark. Code Ann. § 10-3-309.
2. The emergency rule will be effective immediately upon filing, or at a stated time less than ten (10) days thereafter, if the Board finds that this effective date is necessary because of imminent peril to the public health, safety, or welfare. The Board will file with the rule its written findings justifying the determination that emergency rule-making is appropriate and, if applicable, the basis for the effective date of the emergency rule being less than ten days after the filing of the rule pursuant to Ark. Code Ann. § 25-15-204(e). The Board will take appropriate measures to make emergency rules known to persons who may be affected by them.
Credits
Amended April 21, 2016; Aug. 12, 2022.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 235.03.3-005, AR ADC 235.03.3-005
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