§ 42-35-4.1 Refiling of rules and regulations. – (a) Each agency shall, on or before January 2, 2002, according to a schedule specified by the secretary of state, file with the secretary of state a certified copy of all its lawfully adopted rules which are in force on the date of the filing.
(b) All filed rules shall be submitted in a format specified by the secretary of state as directed by § 42-35-3.1.
(c) Each agency shall give notice thirty (30) days prior to refiling any rule or regulation in order to comply with this section. Each agency shall also give notice thirty (30) days prior to that agency's due date for refiling of which rules and regulations it shall not be refiling. The notices shall include a statement of the intended action and a description of the subjects and issues involved. The notice shall be mailed to all persons who have made timely request of the agency for advance notice of its rule-making proceedings, and published in a newspaper or newspapers having aggregate general circulation throughout the state. Copies of rules which are not to be refiled shall be available at the agency and by mail to any member of the public upon request. In addition, notice of that action shall be submitted to the governor.
(d) The rules and regulations listed for non-refiling under subsection (c) of this section shall be repealed pursuant to this section only in accordance with the provisions of § 42-35-3(a).
(e) Agency compliance with this section shall be coordinated in accordance with a schedule established by the secretary of state for agency refiling of rules.
(f) When refiling rules and regulations, agencies may change the format of existing rules without any rule-making action by the agency in order to comply with the format for filing specified by the secretary of state so long as there is no substantive change to the rule.
(g) Any rule lawfully promulgated prior to July 3, 2001 shall remain in full force and effect until:
(1) The rule should expire before July 3, 2001 pursuant to its own terms and provisions; or
(2) The rule is repealed by the lawful act of the agency, in conformity with this chapter; or
(3) The rule is invalidated by an act of the legislature or the force and effect of another law.
(h) Commencing in September 2002, and every five (5) years in
September thereafter, the secretary of state shall prepare a public list of all
adopted rules and regulations which have not been refiled or repealed in
accordance with this section or § 42-35-4.2. The secretary of state shall
forward copies of the list to the various state departments and agencies
responsible for the rules and regulations. Each agency or department shall
review the list and repeal, in accordance with § 42-35-3(a), all rules and
regulations that are no longer operative. If the agency takes no action on a
rule contained in the secretary of state's list, the rule shall remain lawfully
promulgated.
(P.L. 2001, ch. 61, § 2; P.L. 2002, ch. 237, § 1.)