Section 6. Procedures for disapproval of final-form and final-omitted regulations; emergency-certified regulations.
(a) If the commission disapproves a final-form or final-omitted regulation, the commission shall deliver its disapproval order to the Legislative Reference Bureau, the committees and the agency. The commission shall notify commentators who have requested additional information under section 5.1(a) of the commission's vote to disapprove. The disapproval order shall specify the regulatory review criteria which the final-form or final-omitted regulation has not met. The agency shall review the commission's order and proceed pursuant to section 7(a).
(b) The commission's order disapproving a final-form or final-omitted regulation shall bar the agency from promulgating that regulation pending subsequent review under section 7.
(c) ((c) deleted by amendment)
(d) The commission may not issue an order barring an agency from promulgating a final-form or final-omitted regulation if the Attorney General certifies that the final-form or final-omitted regulation is required pursuant to the decree of any court or to implement the provisions of a statute of the United States or regulations issued thereunder by a Federal agency or if the Governor certifies that the final-form or final-omitted regulation is required to meet an emergency which includes conditions which may threaten the public health, safety or welfare; cause a budget deficit; or create the need for supplemental or deficiency appropriations of greater than $1,000,000. In those cases, the final-form or final-omitted regulation may take effect on the date of publication or on a later date specified in the order adopting the final-form or final-omitted regulation. The commission and the committees shall review the final-form or final-omitted regulation pursuant to the procedures provided for in this act. If the final-form or final-omitted regulation is disapproved pursuant to those procedures, that regulation shall be rescinded after 120 days or upon final disapproval, whichever occurs later.
(6 amended Dec. 6, 2002, P.L.1227, No.148)
Compiler's Note: Section 5 of Act 148 of 2002, which amended section 6, provided that Act 148 shall apply to proposed, final-form and final-omitted regulations which an agency submits on or after the effective date of Act 148 to the Independent Regulatory Review Commission and to "committees" as defined in section 3.