Alabama Administrative Code Chapter 560-X-30 — Emergency Rule Procedures

560 Alabama Medicaid Agency

Ala. Admin. Code r. 560-X-30-.01 Emergency Rule Procedures

(1) The commissioner, upon an express finding or determination that there exists an immediate danger to the public health, safety, or welfare,requires adoption of a rule upon fewer than 35 days' notice or that action is required by or to comply with a federal statute or regulation which requires adoption of a rule upon fewer than 35 days' notice and states in writing his reasons for that finding may proceed without prior notice or hearing to adopt an emergency rule.

(2) An emergency rule may be effective for up to 120 days. The emergency rule shall state its effective dates, both beginning and ending.

History

• Authority: Code of Ala. 1975, § 41-22-5.
• Rule effective October 1, 1982.

Ala. Admin. Code r. 560-X-30-.02 Permanent Rule After Emergency Rule

During the period that an emergency rule is in effect the Agency shall give notice of and promulgate a permanent rule to replace the emergency rule, unless the emergency rule is one designed to fill a specific need or to solve a specific problem and that need or problem is not expected to reoccur.

History

• Authority: Code of Ala. 1975, § 41-22-5(b).
• Rule effective October 1, 1982.