Chapter 456

2008 -- S 2941 SUBSTITUTE A

Enacted 07/08/08

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - ADMINISTRATIVE

PROCEDURE

Introduced By: Senators C Levesque, Moura, Blais, Sheehan, and Lenihan

Date Introduced: April 09, 2008

It is enacted by the General Assembly as follows:

     SECTION 1. Section 42-35-3.4 of the General Laws in Chapter 42-35 entitled

"Administrative Procedures" is hereby amended to read as follows:

42-35-3.4. Periodic review of rules. -- (a) Within five (5) two (2) years after of the

effective date [July 2, 2004]of this section December 31, 2008, each agency shall review all

agency rules existing at the time of enactment to determine whether such rules should be

continued without change, or should be amended or rescinded, by examining whether the rules

are consistent consistent with the stated objectives of those applicable statutes and are authorized

by, and conform with those statutes,. to minimize The review must include, but need not be

limited to, minimizing the economic impact of the rules on small businesses in a manner

consistent with the state objective objectives of applicable statutes and ensuring consistency with

and conformance with those statutes. If the head of the agency determines that completion of the

review of existing rules is not feasible by the established date, the agency shall publish a

statement certifying that determination and shall provide a copy of that statement and

determination to the speaker of the house, the senate president, the house fiscal advisor, and the

senate fiscal advisor. The statement shall include the number of rules that have thus far been

reviewed by the agency in accordance with this section, and the number still to be reviewed. The

agency may extend the completion date by one year at a time for a total of not more than six (6)

five (5) years.

(b) Rules adopted after the enactment of this section shall be reviewed within six (6)

years of the publication of the final rule and every five (5) years thereafter to ensure that they

minimize economic impact on small businesses in a manner consistent with the stated objectives

of applicable statutes.

(c) (b) In reviewing rules to minimize regulatory impact of the rule on small businesses,

the agency shall consider the following factors:

      (1) The continued need for the rules;

      (2) The nature of complaints or comments received concerning the rule from the public;

      (3) The complexity of the rule;

      (4) The extent to which the rule overlaps, duplicates, or conflicts with other federal, state

and local government rules; and

      (5) The length of time since the rule has been evaluated or the degree to which

technology, economic conditions or other factors have changed in the area affected by the rule.;

(6) Whether the rules are consistent with current agency practices and procedures; and

(7) Whether the rules are consistent with and authorized by applicable statutes.

(c) All rules reviewed in accordance with this section, shall be reviewed every five (5)

years thereafter.

     SECTION 2. This act shall take effect upon passage.

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LC02384/SUB A/2

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