Title 10, Chapter 1, Section 601
( 10-1-601)
The administrator is authorized to promulgate, adopt, and issue
rules, regulations, and orders necessary or convenient to carry out
the provisions and purposes of this article. Any such rules of a
substantive nature shall be promulgated only when it is determined
by the administrator, in the reasonable exercise of his discretion
and on the basis of his expertise and the facts, submissions,
evidence, and all information before him, that such rules are needed
to prohibit or control acts or practices which create the
probability of actual injury to consumers. No rule shall be
promulgated where it is reasonably certain that the burden of
complying with such rule will outweigh the public interest in
prohibiting or controlling the practice which would be so prohibited
or controlled. No such rule so promulgated shall be arbitrary or
capricious nor shall its promulgation be characterized by an abuse
of discretion or an unwarranted exercise of discretion. |