Sec 41-1026. Emergency rule making, amendment or repeal

A. If an agency makes a finding that a rule is necessary as an emergency measure, the rule may be made, amended or repealed as an emergency measure, without the notice prescribed by sections 41-1021 and 41-1022 and prior review by the council, if the rule is first approved by the attorney general and filed with the secretary of state. The attorney general may not approve the making, amendment or repeal of a rule as an emergency measure if the emergency situation is created due to the agency's delay or inaction and the emergency situation could have been averted by timely compliance with the notice and public participation provisions of this chapter, unless the agency submits substantial evidence that the rule is necessary as an emergency measure to do any of the following:

1. Protect the public health, safety or welfare.

2. Comply with deadlines in amendments to an agency's governing law or federal programs.

3. Avoid violation of federal law or regulation or other state law.

4. Avoid an imminent budget reduction.

5. Avoid serious prejudice to the public interest or the interest of the parties concerned.

B. Within sixty days of receipt, the attorney general shall review the demonstration of emergency and the rule in accordance with the standards prescribed in section 41-1044.

C. After the rule is filed with the secretary of state, the secretary of state shall publish the rule in the register as provided in section 41-1013.

D. A rule made, amended or repealed pursuant to this section is valid for one hundred eighty days after the filing of the rule with the secretary of state and may be renewed for one more one hundred eighty day period if all of the following occur:

1. The agency determines that the emergency situation still exists.

2. The agency follows the procedures prescribed in this section.

3. The rule is approved by the attorney general pursuant to this section.

4. The agency has issued the rule as a proposed rule or has issued an alternative proposed rule pursuant to section 41-1022.

5. The agency seeks approval of the renewal from the attorney general before the expiration of the preceding one hundred eighty day period.

6. The agency files notice of the renewal and any required attorney general approval with the secretary of state and notice is published in the register.

E. A rule that is made pursuant to this chapter and that replaces a rule made, amended or repealed pursuant to this section shall expressly repeal the rule replaced if it has not expired.