(a) When legislation is enacted by the general assembly that requires a board administratively attached to the department to promulgate rules in a prescribed period of time, the board retains the exclusive authority to promulgate the rules until sixty (60) days before the effective date of the legislation.
(b) If the board has not promulgated emergency rules and scheduled the rulemaking hearing on permanent rules at least sixty (60) days before the effective date of the legislation, then the commissioner becomes the exclusive authority to promulgate the rules as described in subsection (a). Upon the receipt of such authority, the commissioner shall, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5:(1) Promulgate emergency rules, in accordance with § 4-5-208, within the time required by the legislation; and(2) Promulgate permanent rules within one hundred eighty (180) days of the effective date of the emergency rules.
(1) Promulgate emergency rules, in accordance with § 4-5-208, within the time required by the legislation; and
(2) Promulgate permanent rules within one hundred eighty (180) days of the effective date of the emergency rules.
(c) Upon the completion of the requirements of subsection (b), the exclusive authority to promulgate rules reverts to the board. The board may, at that time, amend the permanent rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(d) The rules promulgated by the commissioner in accordance with subsection (b) remain in full force and effect, the same as if promulgated by the board, unless and until the rules are amended by the board.