(a) Request for emergency rulemaking.

1. (1) The proponent of a rule may request the Division of Labor to adopt an emergency rule.
2. (2) In addition to the text of the proposed rule or amendment to an existing rule and any other information required by 11 CAR § 10-104(c), the proponent will provide a written statement setting out the facts or circumstances that would support a finding of imminent peril to the public health, safety, or welfare.

(b) Finding of an emergency.

1. (1) Upon receipt of the written statement requesting emergency rulemaking and documents or other evidence submitted in support of the assertion that an emergency exists, the division will make an independent judgment as to whether the circumstances and facts constitute an imminent peril to the public health, safety, or welfare requiring adoption of the rule upon fewer than thirty (30) days’ notice.
2. (2) If the division determines that the circumstances warrant emergency rulemaking, it will make a written determination that sets out the reasons for its finding that an emergency exists.

3. (3) Upon making this finding, the division may:

   1. (A) Proceed to adopt the rule without any prior notice or hearing; or
   2. (B) Determine to provide an abbreviated notice and hearing.

(c) Effective date of emergency rule.

1. (1) The division shall not finalize an emergency rule or file an emergency rule with the Secretary of State for adoption until the emergency rule has been approved under Arkansas Code § 10-3-309.
2. (2) The emergency rule will be effective immediately upon filing, or at a stated time less than ten (10) days thereafter, if the division finds that this effective date is necessary because of imminent peril to the public health, safety, or welfare.

3. (3) The division will file with the rule:

   1. (A) The division’s written findings justifying the determination that emergency rulemaking is appropriate; and
   2. (B) If applicable, the basis for the effective date of the emergency rule being less than ten (10) days after the filing of the rule pursuant to Arkansas Code § 25-15-204(e).
4. (4) The division will take appropriate measures to make emergency rules known to persons who may be affected by them.