Chapter
510
2006 -- H 8256
Enacted 07/07/06
A N A C T
RELATING TO
ADMINISTRATIVE PROCEDURES
Introduced By: Representatives Naughton, McNamara, and Kilmartin
Date Introduced: June 19,
2006
It is enacted
by the General Assembly as follows:
SECTION
1. Section 42-35-3 of the General Laws in Chapter 42-35 entitled
"Administrative
Procedures" is hereby amended to read as follows:
42-35-3.
Procedures for adoption of rules. -- (a) Prior to the adoption,
amendment, or
repeal
of any rule the agency shall:
(1) Give at least thirty (30) days notice of its intended action. The notice
shall include a
statement
of either the terms or substance of the intended action or a description of the
subjects
and
issues involved, and of the time when, the place where, and the manner in which
interested
persons
may present their views thereon. The notice shall be mailed to all persons who
have made
timely
request of the agency for advance notice of its rule-making proceedings, and
published in a
newspaper
or newspapers having aggregate general circulation throughout the state,
provided,
however,
that if the action is limited in its applicability to a particular area, then
the publication
may be
in a newspaper having general circulation in the area. Notwithstanding the
above
requirements,
in lieu of newspaper publication, advance notice of proposed rulemaking by the
Department
of Health may be provided via electronic media on a website maintained by the
office
of the secretary of state. Authorization for such electronic notice shall
commence on July
1, 2005
and shall expire on June 30, 2006 2010. Copies of proposed rules
shall be available at the
agency
and by mail to any member of the public upon request.
(2) Afford all interested persons reasonable opportunity to submit data, views,
or
arguments,
orally or in writing. In the case of rules, opportunity for oral hearing must
be granted
if
requested by twenty-five (25) persons, or by a governmental subdivision or
agency, or by an
association
having not less than twenty-five (25) members. The agency shall consider fully
all
written
and oral submissions respecting the proposed rule. Upon adoption of a rule, the
agency, if
requested
to do so by an interested person, either prior to adoption or within thirty
(30) days
thereafter,
shall issue a concise statement of the principal reasons for and against its
adoption,
incorporating
therein its reasons for overruling the considerations urged against its
adoption.
(3) Demonstrate the need for the adoption, amendment, or repeal of any rule in
the
record
of the rulemaking proceeding. The agency shall demonstrate that there is no
alternative
approach
among the alternatives considered during the rulemaking proceeding which would
be as
effective
and less burdensome to affected private persons as another regulation. This
standard
requires
that an agency proposing to adopt any new regulation must identify any other
state
regulation
which is overlapped or duplicated by the proposed regulation and justify any
overlap
or
duplication.
(4) Comply with section 42-35-3.3.
(5) Ensure that any proposed additions, deletions or other amendments to the rules
and
regulations
be clearly marked. An agency's lawful promulgation of amendments to an existing
rule
shall be deemed to supersede and repeal the previous enactments of that rule,
provided that
the
public notice required under subsection (a)(1) of this section indicated such
an intent.
(b) If an agency finds that an imminent peril to the public health, safety, or
welfare
requires
adoption of a rule upon less than thirty (30) days' notice, and states in
writing its reasons
for that
finding, it may proceed without prior notice or hearing or upon any abbreviated
notice
and
hearing that it finds practicable, to adopt an emergency rule. The rule so
adopted may be
effective
for a period of not longer than one hundred twenty (120) days renewable once
for a
period
not exceeding ninety (90) days, but the adoption of an identical rule under
subsections
(a)(1)
and (a)(2) is not precluded.
(c) No rule hereafter adopted is valid unless adopted in substantial compliance
with this
section,
but no contest of any rule on the ground of noncompliance with the procedural
requirements
of this section may be commenced after two (2) years from its effective date.
SECTION
2. This act shall take effect upon passage.
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LC03505
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