If the secretary of the Department of Social Services is authorized to promulgate rules and the adoption of certain rules is mandated by a federal rule or regulation, the secretary may, without following the procedures set forth in §§ 1-26-4 to 1-26-6, inclusive, serve on code counsel a copy of the proposed rule; a copy of the appropriate federal statute, rule, or regulation; and an affidavit stating that the proposed rule is mandated by the attached federal statute, rule, or regulation. Code counsel shall review the rules received as to the sufficiency of the form and style and as to their legality. If code counsel finds need for change, code counsel must make any requirements known in writing within three days of service. Five days after service, and upon complying with the requirements of code counsel, the secretary may file the proposed rule with the secretary of state. Any rule adopted under this section is provisionally effective immediately upon filing or at a later date if required in the federal statute or rule and specified by the department.

Source: SL 1980, ch 19 , § 1; SL 1987, ch 29 , § 64; SL 1989, ch 16 , § 14; SL 1996, ch 15 ; SL 2025, ch 9 , § 24.