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Rules Task Force

Proposal for new rulemaking language that would allow legislative standing committees to delay the effective date of proposed rules

 drafted by Mark Shepard of House Research
for Representative Marty Seifert

Sec. 1 .(14.165)(Committee authority.) (a) A standing committee of the house of representatives or senate with jurisdiction over the subject matter of a proposed rule may vote to advise an agency that a proposed rule should not be adopted as proposed. The speaker of the house of representatives and the senate committee on committees must determine if a standing committee has jurisdiction over a rule before a committee may act under this section.

(b) A committee vote under this section may occur any time after the publication of the rulemaking notice under section 14.14, subdivision 1a and before notice of adoption is published in the State Register under section 14.18. A committee voting under this section must notify the agency, the Revisor of Statutes, and the chief administrative law judge of the vote as soon as possible. The committee must publish notice of the vote in the State Register as soon as possible.

(c) If a standing committee votes to advise an agency that a proposed rule should not be adopted as proposed, the agency may not adopt the rule until the legislature next adjourns an annual legislative session.

Sec. 2. .(14.265)(Committee authority.) (a) A standing committee of the house of representatives or senate with jurisdiction over the subject matter of a proposed rule may vote to advise an agency that a proposed rule should not be adopted as proposed. The speaker of the house of representatives and the senate committee on committees must determine if a standing committee has jurisdiction over a rule before a committee may act under this section.

(b) A committee vote under this section may occur any time after the publication of the rulemaking notice under section 14.22 and before notice of adoption is published in the State Register under section 14.27. A committee voting under this section must notify the agency, the Revisor of Statutes, and the chief administrative law judge of the vote as soon as possible. The committee must publish notice of the vote in the State Register as soon as possible.

(c) If a standing committee votes to advise an agency that a proposed rule should not be adopted as proposed, the agency may not adopt the rule until the legislature next adjourns an annual legislative session.

 

 

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Updated: (jhr)