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S.F. No. 2467 - Administrative Rulemaking Process Regulations And Provisions Modifications (First Engrossment, as Amended by the A14-1101 Delete-Everything Amendment)
 
Author: Senator Sandra L. Pappas
 
Prepared By: Stephanie James, Senate Counsel (651/296-0103)
 
Date: April 30, 2014



 

Section 1 [Objections to Rules] is a conforming change.  Changes a statutory cite, due to changes proposed later in this bill.

Section 2 [Review and Repeal of Rules] reduces how frequently an agency must submit its list of rules that are obsolete, unnecessary, or duplicative of other laws.  Under current law, agencies must submit this list annually; with the change proposed in this section, agencies would be required to do this every other year beginning December 1, 2015. 

Section 3 [Veto of Adopted Rules] is a conforming change.  Changes a statutory cite, due to changes proposed later in this bill.

Section 4 [Electronic Notices Permitted] permits agencies to satisfy notice requirements by sending the notice or document, or a link to the notice or document, by electronic transmission.  This section also permits an agency to file rule-related documents with the Office of Administrative Hearings by electronic transmission.

Section 5 [Incorporations by Reference] modifies the requirements for making a document “conveniently available” to the public when that document is incorporated by reference in a rule.  Under current law, a document incorporated by reference in a rule must be available on loan or inspection and copying through libraries; this section permits posting the document on the internet to meet the requirement to make the document “conveniently available” to the public. 

Section 6 [Approval of Rule and Rule Form; Costs] requires the chief administrative law judge to file copies of newly adopted rules in the Office of the Secretary of State.  Requires the Secretary of State to forward one copy of each rule to the agency, the Revisor of Statutes, and the Governor.

Section 7 [Required Notice] requires that an agency intending to adopt an expedited rule is exempt from requirements to solicit comments from the public on the subject matter 60 days before publication of notice of intent to adopt rules.

Section 8 [Rule Notification] requires agencies to make reasonable efforts to notify people who may be significantly affected by a rule being proposed.  Requires agencies to keep a list of people who register to receive notice of rule proceedings. Requires agencies to develop a notice plan and provides for review of a notice plan by the Office of Administrative Hearings.

Section 9 [Notice To Legislature] eliminates requirements for agencies to send certain information regarding rulemaking to the legislature.  Specifically, this section eliminates a requirement that each agency:  (1) send the official rulemaking record for rules adopted in the preceding to chairs and ranking minority members of committees with jurisdiction over the subject matter of the proposed rule; (2) send a copy of the statement of need and reasonableness for proposed rules to chairs and ranking minority members of committees with jurisdiction over the subject matter of the proposed rule and to the Legislative Coordinating Commission; and (3) make best efforts to send a notice of proposed rulemaking and the statement of need and reasonableness to every sitting legislator who authored a bill granting the rulemaking authority and to the authors of amendments that granted rulemaking authority.

Section 10 [Time Limit on Authority to Adopt, Amend, or Repeal Rules] requires an agency to report to the Legislative Coordinating Commission, appropriate committees of the legislature, and to the Governor if the agency fails to give notice of intent to adopt rules or notice of a hearing within 18 months of the effective date of the law authorizing rulemaking.  This section eliminates the provision in current law that expires an agency’s statutory authority to adopt rules if the agency doesn't’t give notice of intent to adopt rules or have a hearing within 18 months. 

Section 11 [Vote] makes conforming changes required because section 14.3895 is repealed in this bill.

Section 12 [Statement of Need and Reasonableness] changes the requirements for the contents of the statement of need and reasonableness that an agency must prepare and make public before the date of a notice of hearing on a proposed rule. 

Section 13 [Notice of Rule Hearing] eliminates requirements that agencies keep lists of people registered to receive notice of rule proceedings and make reasonable efforts to notify people affected by a rule change.  These requirements are moved to a new section of statute, discussed above. This section adds items (the purpose of the rule and a statement that a free copy of the statement of need and reasonableness may be requested from an agency) to those items required to be included with a notice in the State Register.  Permits omitting the text of the rule from a notice of intent to adopt rules and a mailed notice of hearing under certain circumstances.

Section 14 [Hearing Procedure] adds items (comments and hearing requests received) to the list of items that an agency is required to submit into the record for a hearing on a proposed rule.

Section 15 [Filing] increases from three to four the number of copies of an adopted rule that must be filed with the Secretary of State and changes who – the chief administrative law judge, instead of the agency – must file the copy. Requires the Secretary of State to forward a copy of the filed rule to the agency.

Section 16 [Notice of Proposed Adoption of Rules] requires an agency to provide a notice to adopt rules, unless the agency gives notice of a hearing on proposed rules.  Eliminates the requirement that the notice of proposed adoption of rules include a copy of the proposed rule or an easily readable and understandable description of its nature and effect.  Eliminates a requirement that the agency make reasonable efforts to notify persons who may be significantly affected by the rule by giving notice through newspapers or other communications forms.  (This requirement is moved in a modified form to a new section of statute, earlier in this bill.)  The notice of intent to adopt a rule must state that if 50 people submit a written request for hearing during the comment period, a public hearing will be held and the agency will use the procedure elsewhere in statute for holding hearings on proposed rules.  Requires the mailed notice to be the same as the notice published in the State Register, except that the mailed notice does not have to include the text of the proposed rule if it includes an announcement of where a copy of the proposed rule may be obtained.

Section 17 [Statement of Need and Reasonableness] eliminates a requirement that a statement of need and reasonableness describe an agency's efforts to notify those affected by proposed rules or explain why the agency did not make such efforts, for rules to be adopted without a hearing.  This section eliminates a requirement that an agency afford the public an opportunity to request a public hearing; this requirement is in section 14.25.

Section 18 [Public Hearing] increases from 25 to 50 the number of people that must request a hearing on proposed rules before a hearing is required.  Requires each person requesting a hearing to identify the reasons for objection to each portion of a rule to which the person objects.

Section 19 [Adoption of Proposed Rule; Submission to Administrative Law Judge] makes several formatting and clarifying changes.

Section 20 [Requirements] makes rules effective on publication in the State Register if they are adopted to comply with a court order or certain federal laws, and gives them permanent effect.  (Current law provided for them to be effective for a period of two years following publication.)

Section 21 [Expedited Process] adds to the permitted uses of the expedited rulemaking process the following situations:

  • when an agency is adopting or incorporating by reference a specific code or standard referenced in a law requiring or authorizing rules to be adopted;
  • when an agency is adopting or modifying a rule to conform to a change in federal law or regulation that is binding on the state or a state law or regulation;
  • when an agency is repealing rules that are obsolete, unnecessary, or duplicative of other state or federal statutes or rules; and
  • when an agency determines that rules are noncontroversial if there is other law authorizing the rules.

Provides requirements for a notice of noncontroversial rules that will be made using the expedited process.  Adds items to the list of things an agency must submit to an administrative law judge before publication of a final rule.  Requires an administrative law judge to determine that an agency has established the need for and reasonableness of the proposed rule and that the agency has met substantive and procedural requirements.  Requires an agency proposing expedited rules to give notice in the prescribed manner and to have a notice plan approved by the Office of Administrative Hearings.

Section 22 [Rule Notice] modifies provisions relating to rulemaking involving the classification of waters.

Section 23 [Adoption of Standards] modifies the required contents of a statement of need and reasonableness when rulemaking to adopt standards for air quality, solid waste, or hazardous waste or standards for water quality.

Section 24 Repeals:

  • Section 14.04:  required each agency to prepare a description of its organization, containing specified information, and publish it in a specified manner;
  • Section 14.05, subdivision 5: required each agency to submit a report annually to the legislature and others on obsolete rules. Section 2 of this bill replaces this report with a biennial report;
  • Section 14.14, subdivision 1b:  required that when a hearing is conducted on a proposed rule that affects farming operations, that at least one hearing must be conducted in an agricultural area of the state; and
  • Section 14: 3895:  a process for repealing obsolete rules.

Effective Date:  Makes this act effective August 1, 2014, and applicable to rules for which a notice of hearing, a notice of intent to adopt, or a dual notice, is published in the State Register.

 
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