1.3.313    RULEMAKING, TEMPORARY EMERGENCY RULES AND TEMPORARY RULES

(1) If an agency finds that circumstances exist that truly and clearly constitute an imminent peril to the public health, safety, or welfare, that the circumstances cannot be averted or remedied by any other administrative act, and that the circumstances require a rulemaking action upon fewer than 30 days' notice, it may adopt a temporary emergency rule without prior notice or hearing or, as illustrated by template 313a (https://sosmt.gov/arm/templates), upon any abbreviated notice and hearing that it finds practicable, per 2-4-303(1), MCA.

(a) To adopt an emergency rule the agency must:

(i) provide special notice of its intent to the members and staff of the appropriate administrative rule review committee prior to adoption of an emergency rule pursuant to 2-4-303, MCA; 

(ii) file with the Secretary of State an adoption notice for the emergency rule containing a statement in writing of its reasons for finding that an imminent peril to the public health, safety, or welfare requires adoption of a rule upon fewer than 30 days' notice, per 2-4-306(4), MCA, and details of the special notice provided in (i), per 2-4-303(1)(c)(ii), MCA; and

(iii) take appropriate and extraordinary measures to make emergency rules known to persons who may be affected by them, per 2-4-306(4), MCA, including delivery of copies of the rule to a state wire service and to any other news media the agency considers appropriate. Extraordinary measures include, but are not limited to, immediate personal delivery of copies of the rule to affected parties, and immediate delivery of copies of the rule to associations whose members are affected, per 2-3-105, MCA.

(b) An agency's reasons for adopting a temporary emergency rule are subject to judicial review. In order to pass judicial review, the notice of adoption shall, standing on its own, provide compelling reasons for the emergency rule.

(c) A temporary emergency rule becomes effective immediately upon filing a copy with the Secretary of State or on a stated date following publication in the register, per 2-4-306(4), MCA.

(d) An emergency rule may be effective for a period not longer than 120 days, and may not be renewed. The agency may, however, adopt an identical, permanent rule after notice and hearing in accordance with ARM 1.3.308, 1.3.309, 1.3.311, and 1.3.312, per 2-4-303(1), MCA.

(e) If no longer necessary, an emergency rule may be repealed before the end of the 120-day effectiveness period. See template 313b (https://sosmt.gov/arm/templates).

(2) Temporary rules implementing a statute which becomes effective prior to October 1 of the year of enactment may be adopted through abbreviated procedures determined practicable by the agency, as illustrated by templates 313c and 313d (https://sosmt.gov/arm/templates).

(a) The temporary rules cannot become effective until at least 30 days after the notice of proposal to adopt is published. Per 2-4-306, MCA, temporary rules can be effective upon filing the adoption notice, or at a stated date following publication.

(b) Temporary rules expire October 1 of the year adopted.

(c) Permanent rules can be adopted during the period that the temporary rules are effective.

 

History: 2-4-202, MCA; IMP, 2-4-202, 2-4-303, 2-4-306, MCA; Eff. 12/31/72; AMD, 1977 MAR p. 1192, Eff. 12/24/77; AMD, 1979 MAR p. 1225, Eff. 10/12/79; AMD, 1981 MAR p. 1196, Eff. 10/16/81; AMD, 1992 MAR p. 1242, Eff. 6/12/92; AMD, 1999 MAR p. 1225, Eff. 6/4/99; AMD & TRANS, from ARM 1.3.209, 2008 MAR p. 1593, Eff. 8/1/08; AMD, 2021 MAR p. 1686, Eff. 11/20/21.