IC 25-42-8-8: Emergency rules; application of rulemaking procedures

Sec. 8. (a) For purposes of this section, an emergency rule is a rule that must be adopted immediately to do at least one (1) of the following:

(1) Meet an imminent threat to public health, safety, or welfare.

(2) Prevent a loss of commission or party state funds.

(3) Meet a deadline for the promulgation of an administrative rule that is required by federal law or rule.

(b) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing. However, the usual rulemaking procedures provided in this compact and in this chapter must be retroactively applied to the rule as soon as reasonably possible, and in no event later than ninety (90) days after the effective date of the rule.