1-26-8.2. Petition for delay in effective date of rule--Grant or denial--Maximum delay--Filings--One delay--Repeal of rule.
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/sd/title-1/chapter-1-26/1-26-8-2·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
After a rule has been adopted and filed with the secretary of state, any person may petition the agency which adopted the rule to delay the effective date of the rule. The petition must be filed with the agency at least ten days prior to the effective date of the rule. The agency must grant or deny the petition, with or without a hearing, within ten days of filing. If the petition is granted, the effective date of the rule may not be delayed more than ninety days. A copy of the petition and a statement of the agency justifying the granting of the petition shall be sent to the chairman of the Interim Rules Review Committee at the time the decision is made.
A copy of the statement granting the petition shall be filed with the secretary of state at the time the decision is made.
The effective date of a rule may be delayed only once, and an agency may repeal the rule during the period of the delay.