§ 42-35-2.10. Emergency rule.
If an agency finds that an imminent peril to the public health, safety, or welfare or the loss of federal funding for an agency program requires the immediate promulgation of an emergency rule and publishes in a record with the secretary of state and on its agency website reasons for that finding, the agency, without prior notice or hearing or on any abbreviated notice and hearing that it finds practicable, may promulgate an emergency rule without complying with §§ 42-35-2.7 through 42-35-2.9. The agency head and the governor, or the governor’s designee, must sign the emergency rule to become effective. The emergency rule may be effective for not longer than one hundred twenty (120) days, renewable once for a period not exceeding sixty (60) days. The promulgation of an emergency rule does not preclude the promulgation of a rule under §§ 42-35-2.6 through 42-35-2.9. The agency shall file with the secretary of state a rule created under this section as soon as practicable given the nature of the emergency and publish the rule on its agency website. The secretary of state shall notify persons that have requested notice of rules related to that subject matter.
History of Section.P.L. 2016, ch. 203, § 3; P.L. 2016, ch. 206, § 3.
Structure Rhode Island General Laws
Title 42 - State Affairs and Government
Chapter 42-35 - Administrative Procedures
Section 42-35-1. - Definitions.
Section 42-35-1.1. - Applicability.
Section 42-35-2. - Required agency publication and recordkeeping.
Section 42-35-2.1. - Rules coordinator.
Section 42-35-2.2. - Publication — Agency duties.
Section 42-35-2.3. - Rulemaking record.
Section 42-35-2.4. - Electronic filing.
Section 42-35-2.5. - Advance notice of proposed rulemaking.
Section 42-35-2.6. - Concise explanatory statement.
Section 42-35-2.7. - Notice of proposed rulemaking.
Section 42-35-2.8. - Public participation.
Section 42-35-2.9. - Regulatory analysis.
Section 42-35-2.10. - Emergency rule.
Section 42-35-2.11. - Direct final rule.
Section 42-35-2.12. - Guidance document.
Section 42-35-3. - Electronic filing of annual reports.
Section 42-35-3.1. - Repealed.
Section 42-35-3.2. - Incorporation by reference.
Section 42-35-3.3. - Repealed.
Section 42-35-3.4. - Repealed.
Section 42-35-3.5. - Simultaneous regulatory, licensing, and permitting processes.
Section 42-35-4. - Filing and taking effect of rules.
Section 42-35-4.1. - Refiling of rules and regulations.
Section 42-35-4.2. - Periodic refiling of rules and regulations.
Section 42-35-5.1. - Rulemaking agenda.
Section 42-35-6. - Petition for promulgation of rules.
Section 42-35-6.1. - Variance between proposed and final rule.
Section 42-35-6.2. - Compliance.
Section 42-35-7. - Declaratory judgment on validity or applicability of rules.
Section 42-35-8. - Declaratory order.
Section 42-35-9. - Contested cases — Notice — Hearing — Records.
Section 42-35-9.1. - Repealed.
Section 42-35-10. - Rules of evidence — Official notice.
Section 42-35-11. - Examination of evidence by agency.
Section 42-35-13. - Ex parte consultations.
Section 42-35-15. - Judicial review of contested cases.
Section 42-35-15.1. - Manner of taking appeals from administrative agencies.
Section 42-35-16. - Review by supreme court.
Section 42-35-17. - Severability.
Section 42-35-18. - Effective date of chapter — Scope of application and exemptions.