Subsection (1) was amended by State Law 4-40.
Subsections (1) and (2) were amended by State Law 7-1.
Adoption; amendment; repeal.
(1) Prior to adoption, amendment or repeal of a regulation, the acting party:
(a) gives thirty days notice of the proposed action by radio and by posting in public places in the municipalities in the English and Kosraean languages. The notice includes:
(1) a statement of the substance of the proposed action or a description of the subjects and issues involved;
(2) a reference to the authority for the action; and
(3) the time, place and the manner for presentation of views on the proposed action;
(b) provides a copy of the proposed action to the Kosrae State Legislature for comment not less than thirty days prior to the proposed action; and
(c) affords a person reasonable opportunity to submit data, position, or argumentation in written form, giving full consideration, to a submission; and
(d) both before giving public notice of intended action and before adoption, amendment or repeal receives the Attorney General. s written statement that the intended action conforms with law.
(2) Upon final action pursuant to this section the acting party, upon request made no later than thirty days after action, issues a concise statement of the principal considerations for and against action, including its reasons for not accepting the considerations against action.
(3) If a department or agency finds that an imminent peril to the public health, safety, or welfare necessitates action before compliance with this section can occur, it may adopt an emergency regulation without compliance with subsection (1), stating in writing its reasons for the finding. An emergency regulation is effective for a period not exceeding one hundred twenty days. Thereafter the department or agency may not adopt an identical emergency regulation.
(4) A regulation, including an emergency regulation, adopted by a department becomes effective upon signature by the Governor. A regulation adopted by an agency becomes effective upon signature by the chairman of its governing body or by its administrator if it has no governing body.
(5) An adopted regulation is not valid unless adopted in substantial compliance with this section.
(6) A person commences a judicial proceeding for a declaratory judgment to contest a regulation on the ground of noncompliance with the procedural requirements of this section within one year from the effective date of the regulation.
Subsection (1) was amended by State Law
A person may petition the
Attorney General in the case of a department regulation, or an agency in the
case of an agency regulation, for a declaratory ruling as to the applicability
or meaning of a regulation. A ruling on a petition issues