Subject


1. This emergency action taken by the Agency provides the rules necessary to comply with its legislatively mandated responsibilities described above. The procedure used for these emergency rules is fair under the circumstances because the emergency rules set forth the statistically validated algorithm that was previously subject to scrutiny and public comment in a lengthy rulemaking process and successfully relied upon by the Agency during the phase in of the iBudget system. The rules set forth the same algorithm that was also scrutinized and upheld by an Administrative Law Judge at the Division of Administrative Hearings. See, G.B., et. al. v. A.P.D., Case No. 14-1849RP (DOAH Sept. 9, 2013). Moreover, the same algorithm was reviewed but not invalidated by the DCA in G.B. v. APD. 2. The population served by the Agency depends on help from the Agency to meet critical needs. This rule adopts an algorithm which is necessary to accomplish that goal and which is the only choice immediately available to the Agency.