(a) Upon the filing of an emergency rule by the board, under the provisions of section sixteen of this article, the Secretary of State shall review such rule and, within forty-two days of such filing, shall issue a decision as to whether or not such emergency rule should be disapproved.
(b) The Secretary of State shall disapprove an emergency rule if he determines:
(1) That the emergency rule or an amendment to the emergency rule exceeds the scope of the law authorizing or directing the promulgation thereof; or