SEC. 25-43-3.106. [Effective from and after July 1, 2005. For version of Chapter 43 currently in effect, see preceding version.] Time and manner of rule adoption.
(1) An agency may not adopt a rule until the period for making written submissions and oral presentations has expired.
(2) Followingthe proper filing with the Secretary of State of the notice of proposed rule adoption, an agency shall adopt a rule pursuant to the rule-making proceeding or terminate the proceeding by proper filing with the Secretary of State of a notice to that effect for publication in the administrative bulletin.
(3) Before the adoption of a rule, an agency shall consider the written submissions, oral submissions or any memorandum summarizing oral submissions, and any economic impact statement, provided for by this Article III.
(4) Within the scope of its delegated authority, an agency may use its own experience, technical competence, specialized knowledge and judgment in the adoption of a rule.
SOURCES: Laws, 2003, ch. 304, § 17, HB 651, eff from and
after July 1, 2005.
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