§150A-9.5 Interim rules. (a) The department shall have the power, subject to the provisions of this section, to establish, implement, and enforce interim rules governing the transporting of flora and fauna into and within the State. Such rules shall not be subject to chapter 91.
(b) An interim rule may be adopted in the event that the importation or movement of any flora or fauna, in the absence of effective rules, creates a situation dangerous to the public health and safety or to the ecological health of flora or fauna present in the State which is so immediate in nature as to constitute an emergency. No interim rule shall be adopted without such a finding by the advisory committee on plants and animals created under section 150A-10.
(c) Interim rules adopted by the department pursuant to this section shall be effective as stated by such rules; provided that:
(1) Any interim rule shall be published at least once statewide within twelve days of issuance; and
(2) No interim rule shall be effective for more than one year.
(d) Any person may appeal the reasonableness of any interim rule or determination of the advisory committee to the circuit court. [L 1977, c 114, §1; am L 1999, c 177, §6; am L 2000, c 211, §7; am L 2003, c 85, §10; am L 2004, c 10, §16]
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