§ 848. Rules repeal; amendment of authority; notice by agency

(a) Repeal by operation of law. A rule shall be repealed without formal proceedings under this chapter if:

(1) the agency that adopted the rule is abolished and its authority, specifically including its authority to implement its existing rules, has not been transferred to another agency;

(2) a court of competent jurisdiction has declared the rule to be invalid; or

(3) the statutory authority for the rule, as stated by the agency under subdivision 838(a)(10) of this title, is repealed by the General Assembly or declared invalid by a court of competent jurisdiction.

(b) Notice to Secretary of State; deletion. When a rule is repealed by operation of law under this section, the agency that adopted the rule shall notify the Secretary of State in such manner as the Secretary may prescribe by rule or procedure, and the Secretary shall delete the rule from the published code of administrative rules.

(c) Repeal for nonpublication.

(1) On July 1, 2018, a rule shall be repealed without formal proceedings under this chapter if:

(A) as of July 1, 2016, the rule was in effect but not published in the code of administrative rules; and

(B) the rule is not published in such code before July 1, 2018.

(2) An agency seeking to publish a rule described in subdivision (1) of this subsection may submit a digital copy of the rule to the Secretary of State with proof acceptable to the Secretary that as of July 1, 2016 the rule was adopted and in effect under this chapter and the digital copy consists of the text of such rule without change.

(d) Amendment of authority for rule.

(1) If the statutory authority for a rule, as stated by the agency under subdivision 838(a)(10) of this title, is amended by the General Assembly, and the amendment does not transfer authority from the adopting agency to another agency, the agency within 30 days following the effective date of the statutory amendment shall review the rule and make a written determination as to whether the statutory amendment repeals the authority upon which the rule is based or requires revision of the rule and shall submit a copy of this written determination to the Secretary of State and the Legislative Committee on Administrative Rules, in such manner as the Secretary may prescribe by rule or procedure.

(2) If the statutory authority for a rule, as stated by the agency under subdivision 838(a)(10) of this title, is transferred by act of the General Assembly to another agency, the agency to which the authority is transferred shall provide notice of the transfer, in such manner as the Secretary of State may prescribe by rule or procedure, within 30 days following the effective date of the statutory amendment, to the Secretary and the Legislative Committee on Administrative Rules. (Added 1983, No. 202 (Adj. Sess.), § 2, eff. April 26, 1984; amended 2015, No. 169 (Adj. Sess.), § 12; 2017, No. 156 (Adj. Sess.), § 2; 2019, No. 14, § 4, eff. April 30, 2019.)