ADMINISTRATIVE PROCEDURE AND RULES
Definition of terms.
Interim Rules Review Committee created--Composition--Appointments--Terms of
Chair of rules review committee--Schedule of meetings--Compensation of members--Secretary.
Delegation of duties by director.
Agency materials available for public inspection--Derogatory materials.
Small business impact statements--Content.
Notice, service, and hearing required for adoption of rules--Service on interim
committee--Waiver of service.
Notice of hearing on proposed rule--Contents--Publication--Mailing.
Fiscal note submitted with proposed rule--Fiscal note of bureau--Transmitting copies.
Time limits for adoption of rules--Presentation to review committee.
Time for promulgation of rules after passage of legislative authority.
Validation of prior notices of hearings--Limitation on enforcement of vested rights
Notices of intent to adopt emergency rules validated--Time for enforcing rights by
reason of error in notice--Recordation of notice prerequisite to suit under § 1-26-4.1.
Reversion to step in adoption procedure.
Fee increase in proposed rule--Agency financial resource information--Submission
to review committee.
Authority of Interim Rules Review Committee.
Resubmission of amended rule to review committee--Hearing not required.
Notice of proposed emergency rule--Service--Use of emergency rule adoption
Temporary suspension by emergency rule--Reversion of amended rule to original
Completion of adoption of rule or change in rules.
Restriction on incorporation of statutory material.
Uniform style for rules--Required contents.
Notice that rules do not conform--Redrafting and filing required.
Review by director--Notice to agency of need for change.
Incorporation by reference to generally available materials--Description--Reference
note--Identification of agency and rule.
Procedure for amendment, suspension or repeal of rules.
Rules unenforceable until properly adopted.
Licensing board or commission fees--Criteria and limitation.
Restriction of licensee's right or privilege to carry or possess pistol prohibited.
Records retained--Copies--Public inspection of current rules.
Agency's statement of reasons for adoption or rejection of rule.
Effective date of rules--Emergency rules.
Retroactive effect of acts prohibiting certain rules--Repealed or unconstitutional
statutes--Effect of transfer of rule-making authority to another agency.
Petition for delay in effective date of rule--Grant or denial--Maximum delay--Filings--One delay--Repeal of rule.
Retroactive effect of rule--Burden of proving authority or necessity.
Pamphlet publication of rules--Supervision.
Distribution and sale of publications and copies of rules.
List of rules and organizational statements.
Petition for rules--Denial or initiation of proceedings--Copies to Interim Rules
Committee and director.
Service complete when deposited in mail.
Declaratory judgment on rules.
Declaratory rulings by agencies.
Notice and hearing required in contested cases.
Contents of notice in contested cases.
Intervention in contested case by person with pecuniary interests.
Rights of parties at hearings on contested cases--Summary disposition of certain
, 1-26-18.2. Repealed.
Request to use Office of Hearing Examiners in certain contested cases.
Rules of evidence in contested cases.
Administration of oaths--Subpoena powers--Witness fees--Disobedience of
Depositions of witnesses.
Agreed disposition of contested cases.
Contents of record in contested cases.
Transcript in contested cases--Minutes in lieu of transcript.
Basis for findings in contested cases.
Tentative or proposed decision served on parties--Contents--Waiver.
Form, contents and notice of decisions, orders and findings.
Ex parte consultations by agency personnel--Investigating officer disqualified from
decision on hearing--Authorized communications.
License proceeding treated as contested case.
Extension of existing license or right to continue activity extended during renewal
or licensing proceedings and for ten days following notice of determination.
Notice and hearing required for revocation or suspension of license--Emergency
Costs of disciplinary hearing.
Right to judicial review of contested cases--Preliminary agency actions.
Right of appeal when agency fails to act in contested case.
Appeal from final action in contested case.
Conduct of appeals.
Scope of sections on appeals to circuit courts.
Suspension of sections on appeals to circuit courts.
Notice of appeal--Time for service and filing.
Venue of appeal.
Contents of notice of appeal.
Change of venue.
Contested cases--Statement of issues on appeal.
When agency decision in contested case becomes effective--Application for stay
pending appeal--Time--Granting of further stay--Security or other supervision--Inapplicability to determinations of benefits under Title 61.
Procedural rules applied.
Request for transcript--Waiver by failure to request.
Costs of transcript--Endorsement of order by reporter--Extension of time for
Form of transcript--Number of copies--Certification.
Record transmitted to circuit court--Limitation of record--Corrections and additions.
Time for serving briefs.
Brief of appellant--Contents.
Brief of appellee--Contents.
Speedy hearing and determination.
Circuit court may order agency to take additional evidence.
Nonjury review in circuit court--Proof of irregularities--Oral argument discretionary.
Weight given to agency findings--Disposition of case--Grounds for reversal or
modification--Findings and conclusions--Costs.
Appellee's right to obtain review.
Appeal to Supreme Court.
Suspension of provisional rules by interim committee--Hearing on suspension--Filing
and duration of suspension.
Amendment as provisional--Subject to suspension--Effect.
Severability of provisions.
Citation of chapter.