Staff warns emergency-rule time limits and APA processes could complicate temporary fixes

Dustin, the staff member supporting the committee, walked members through procedural limits for emergency actions and potential legal risks of inserting substantive content into the final adoption package. He told the committee an emergency change to the 2021 code is doable and that the 120-day emergency-rule window could align with the March implementation date; he also noted the governor's 30-day power has different legal effects. "The emergency rule for 2021, totally, doable thing," Dustin said, but he cautioned that adding substantive changes into CR-103 without targeted public comment could prompt challenges under the Administrative Procedure Act.