Regular rulemaking procedures would place the agency in violation of federal or state law.

Justification:As the current rule is written, it violates the scope of Sections 62A-2-120 and 62A-1-118, which govern portions of this rule.Within Section 62A-1-118, the agency is given permission to use criteria set forth in Section 62A-2-120 for running checks upon employees; although Section 62A-2-120 is statute, the rule is specific to licensees, not employees, these changes will clarify that the agency is not applying Section 62A-2-120 to employees, rather the agency is just using the criteria and process set forth.These changes will align the agency's current process with statute until the agency can process an amendment.