emergencyrule

Emergency rule refers to a temporary regulation adopted by a government agency in response to an urgent threat or situation, typically bypassing the ordinary notice-and-comment procedures. Emergency rules are used to address immediate public safety, health, or welfare concerns when delays would be harmful. They are usually authorized by an agency’s enabling statute and require a finding of necessity or imminent threat. Because of their urgent nature, emergency rules often take effect immediately upon filing or publication and are limited to a defined time period, after which they may expire unless renewed or replaced by regular rulemaking.

Scope and applicability vary by jurisdiction, but in many systems emergency rulemaking enables agencies to implement changes quickly during disasters, disease outbreaks, or economic emergencies. After adoption, agencies may be required to publish the rule and provide a mechanism for further public input, though the emphasis remains on rapid action. In several jurisdictions, emergency rules are intended as precursors to more permanent regulations, which are developed through standard rulemaking processes.

Limitations and oversight: Emergency rules are typically subject to sunset provisions and may be subject to judicial review. Critics argue they can bypass stakeholders and reduce long-term accountability, while proponents emphasize the need for swift action in crises. The balance between rapid response and procedural safeguards characterizes most systems of emergency rulemaking.

See also: administrative procedure act; rulemaking; interim final rule; emergency management; emergency temporary standards.