Justification of Emergency Rule

In order to ensure that the Board’s rules comply with state law that went into effect August 10, 2016, in addition to adoption of the proposed rule as a permanent rule,  the Board finds it is imperatively necessary to adopt the proposed rule as an emergency rule in order to establish the rule’s effective date as of the date of this rulemaking hearing.  The Board finds that immediate adoption of the proposed rule on an emergency basis is also imperatively necessary for the preservation of the public health, safety or welfare.  For the purpose of the emergency rule, the Board finds  that, although the Board has complied with publication of notice of the rulemaking hearing, compliance with the requirements of 24-4-103 with regard to publication of the adopted rules with the Secretary of State’s office is contrary to the public interest and does not allow the Board to conform its rules to newly-changed state law.