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Title

03

:
Executive






Chapter

025

:
ADMINISTRATIVE PROCEDURE











 

§

842. Review by legislative committee

(a) Within 30

days of the date a rule is first placed on the committee's agenda but no later

than 45 days after the filing of a final proposal unless the agency consents to

an extension of this review period, the legislative committee on administrative

rules, by majority vote of the entire committee, may object under subsection

(b), (c), or (d) of this section, and recommend that the agency amend or

withdraw the proposal. The agency shall be notified promptly of the objections.

Failure to give timely notice shall be deemed approval. The agency shall within

14 days of receiving notice respond in writing to the committee. After receipt

of this response the committee may withdraw or modify its objections.

(b) The committee

may object under this subsection if:

(1) a proposed

rule is beyond the authority of the agency;

(2) a proposed

rule is contrary to the intent of the legislature;

(3) a proposed

rule is arbitrary; or

(4) the agency

did not adhere to the strategy for maximizing public input prescribed by the

interagency committee on administrative rules.

When objection is made under this

subsection, and the objection is not withdrawn after the agency responds, on

majority vote of the entire committee, it may file the objection in certified

form with the secretary of state. The objection shall contain a concise

statement of the committee's reasons for its action. The secretary shall affix

to each objection a certification of its filing and as soon as practicable

transmit a copy to the agency. After a committee objection is filed with the

secretary under this subsection, or on the same grounds under subsection 817(d)

of this title, to the extent that the objection covers a rule or portion of a

rule, the burden of proof thereafter shall be on the agency in any action for

judicial review or for enforcement of the rule to establish that the part

objected to is within the authority delegated to the agency, is consistent with

the intent of the legislature, is not arbitrary, and the agency did adhere to

the strategy for maximizing public input prescribed by the interagency

committee on administrative rules. If the agency fails to meet its burden of

proof, the court shall declare the whole or portion of the rule objected to

invalid. The failure of the committee to object to a rule is not an implied

legislative authorization of its substantive or procedural lawfulness.

(c) The

committee may object under this subsection if a proposed rule is not written in

a satisfactory style according to section 833 of this title.

(d) The

committee may object under this subsection if the economic impact statement

fails to recognize a substantial economic impact of the proposed rule that the

committee describes in its notice of objection.

The committee may object one time under

this subsection and return the proposed rule to the agency as unacceptable for

filing. The agency may then cure the defect and adopt the rule, or it may adopt

the rule without change.

(e) When an

objection is made under subsection (b) of this section and has been certified

by the secretary of state, notice of the objection shall be included on all

copies of the rule distributed to the public. (Added 1981, No. 82, § 6; amended

1981, No. 158 (Adj. Sess.), § 1; 1999, No. 9, § 1, eff. May 4, 1999; 2001, No.

149 (Adj. Sess.), § 52, eff. June 27, 2002.)