Section 41-20-6


Published: 2015

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Section 41-20-6

Section 41-20-6Procedure for review and evaluation of agencies - Public hearings and receipt of testimony generally; burden of establishing public need for continuation of agencies; information to be provided by agencies under review.

(a) The Sunset Committee reviewing enumerated or nonenumerated agencies, shall hold public hearings and receive testimony from the public and all interested parties.



(b) All enumerated or nonenumerated agencies shall bear the burden of establishing that sufficient public need is present which justifies their continued existence.



(c) All enumerated or nonenumerated agencies shall provide the reviewing and evaluating committee with the following information:



(1) The identity of all agencies under the direct or advisory control of the agency under review;



(2) All powers, duties and functions currently performed by the agency under review;



(3) All constitutional, statutory or other authority under which said powers, duties and functions of the agency are carried out;



(4) Any powers, duties or functions which, in the opinion of the agency under review, are being performed and duplicated by another agency within the state, including the manner in which and the extent to which this duplication of efforts is occurring and any recommendations as to eliminating the duplication;



(5) Any powers, duties or functions which, in the opinion of the agency under review, are inconsistent with current and projected public needs and which should be terminated or altered; and



(6) Any other information which the reviewing committee, in its discretion, feels is necessary and proper in carrying out its review and evaluative duties.

(Acts 1976, No. 512, p. 641, §7; Acts 1981, No. 81-61, p. 74, §1.)