63G-3-304. Emergency rulemaking procedure.
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Effective 5/6/2026
63G-3-304. Emergency rulemaking procedure.
(1)All agencies shall comply with the rulemaking procedures of Section 63G-3-301 unless an agency finds that these procedures would:
(a)cause an imminent peril to the public health, safety, or welfare;
(b)cause an imminent budget reduction because of budget restraints or federal requirements; or
(c)place the agency in violation of federal or state law.
(a)When finding that the agency's rule is excepted from regular rulemaking procedures by this section, the agency shall file with the office:
(i)the text of the rule; and
(ii)a rule analysis that includes the specific reasons and justifications for the agency's findings.
(b)An agency that files an emergency rule with the office under Subsection (2)(a) shall provide the information described in Subsection (2)(a) to the members of the General Oversight Committee when the agency files the rule with the office.
(c)The office shall publish the rule in the bulletin as provided in Subsection 63G-3-301(4) .
(d)The agency shall notify interested persons as provided in Subsection 63G-3-301(10) .
(e)Subject to Subsection 63G-3-502(4) , the rule becomes effective for a period not exceeding 120 days on the date of filing or any later date designated in the rule analysis.
(3)If the agency intends the rule to be effective beyond 120 days, the agency shall also comply with the procedures of Section 63G-3-301 .
Amended by Chapter 484 , 2026 General Session