Title 45, Chapter 20, Section 3.1
( 45-20-3.1)
(a) At least 30 days prior to the date of a public hearing held to
consider the adoption of rules or regulations to effectuate this
chapter, the State Personnel Board shall transmit a notice
containing an exact copy of the proposed rule or regulation to each
member of the State and Local Governmental Operations Committee of
the Senate and the Governmental Affairs Committee of the House of
Representatives. The notice shall provide a citation to the
authority pursuant to which the proposed rule or regulation is to be
adopted and, if it amends an existing rule or regulation, such
existing rule or regulation shall be clearly identified. The notice
shall also state the date, time, and place of the public hearing at
which adoption of the proposed rule shall be considered. (b) If, prior to the date of the public hearing at which the
proposed rule or regulation is to be considered for adoption, the
chairman of either legislative committee specified in subsection (a)
of this Code section notifies the commissioner of personnel
administration and the State Personnel Board that the committee
objects to the adoption of the proposed rule or regulation or has
questions concerning the purpose, nature, or necessity of the
proposed rule or regulation, it shall be the duty of the State
Personnel Board to consult with the committee prior to the adoption
of the proposed rule or regulation. (c) If the State Personnel Board finds that the immediate adoption
of a rule or regulation is necessary to secure or protect the
interests of the State Merit System of Personnel Administration,
such rule or regulation may be adopted on an emergency basis without
following the procedures required by this Code section. In that
event, the State Personnel Board shall adopt a resolution declaring
the existence of an emergency and explaining the basis for such
declaration as a condition necessary to adopt a rule or regulation
on an emergency basis. Any rule or regulation adopted pursuant to
the authority of this subsection shall expire in not more than 120
days immediately following its adoption, but the adoption of an
identical rule pursuant to the requirements of this Code section
shall not be precluded. (d) By not later than August 1, 1985, the State Personnel Board
shall file with the Secretary of State a certified copy of all rules
or regulations which were adopted by said board prior to July 1,
1985, and which are of force and effect on July 1, 1985, or which
were adopted prior to July 1, 1985, to become effective after that
date. Any rule or regulation adopted by the State Personnel Board
prior to July 1, 1985, which is not filed with the Secretary of
State by August 1, 1985, shall be void and of no force and effect
after August 1, 1985. (e) Each rule or regulation adopted by the State Personnel Board on
or after July 1, 1985, shall become effective upon approval by the
Governor. The commissioner of personnel administration shall
immediately file an original and two copies of the rule or
regulation in the office of the Secretary of State. (f) Rules or regulations filed with the Secretary of State pursuant
to subsections (d) and (e) of this Code section shall contain a
citation to the authority pursuant to which the rules or regulations
are adopted and, when existing rules or regulations are amended, the
filings required by said subsections (d) and (e) shall clearly
identify the existing rules or regulations. The Secretary of State
shall endorse on each filing required by subsections (d) and (e) of
this Code section the time and date of the filing and shall maintain
a file of the rules and regulations for public inspection. (g) Rules and regulations filed with the Secretary of State pursuant to the requirements of subsections (d), (e), and (f) of this Code section shall be published by the Secretary of State as a part of the rules of state agencies published by the Secretary of State pursuant to Code Section 50-13-7. (h) The courts shall take judicial notice of any rule which has
become effective pursuant to this chapter. |