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

Justification:When the Legislative Fiscal Analyst communicated its adjustments to the Risk Manager on 04/24/2018, it had discovered ambiguities created by S.B. 98, enacted in the 2017 General Session.On 05/11/2018, the Risk Manager first learned that those ambiguities created the potential for variable adjustments and were being considered for clarification in a special session.On 05/22/2018, the Legislative Fiscal Analyst reported to the Risk Manager that the adjustments sent on 04/24/2018 reflect their interpretation of the Legislature's intent under current law and authorized the Risk Manager to proceed with rulemaking, noting that the ambiguities will be addressed by the legislature at the next opportunity.Given the ambiguities in the extended process, and the clarifying information received by the Risk Manager as late as 05/22/2018, regular rulemaking was not feasible and is now impossible.