§205. Standing committees; administrative rulemaking delegation

Link to law: http://legislature.vermont.gov/statutes/section/02/009/00205
Published: 2015

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Title

02

:
Legislature






Chapter

009

:
UNIFORM LEGISLATION











 

§

205. Standing committees; administrative rulemaking delegation

(a) Whenever a

standing committee introduces or amends proposed legislation which delegates

rulemaking authority to a state agency, the committee shall express in the

legislation and, to the greatest extent possible, the intent of the legislation

and the scope of the rulemaking authority being delegated. For all such

proposed legislation, the committee shall make a determination, and express

such determination in the legislation, as to whether such rulemaking delegation

contemplates the adoption of routine technical rules or major substantive

rules.

(b) For the

purposes of this section:

(1) "Major

substantive rules" means rules that require the exercise of significant

agency discretion or interpretation in drafting, or, because of their subject

matter or anticipated impact, are reasonably expected to result in a

significant increase in the cost of doing business, a significant reduction in

property values, the loss or significant reduction of government benefits or

services, the imposition of state mandates on units of local governments, or

other serious burdens on the public or units of local government.

(2)

"Routine technical rules" means procedural rules that establish

standards of practice or procedure for the conduct of business with or before

an agency, and any other rules that are not major substantive rules. Routine

technical rules include forms prescribed by an agency, but do not include fees

established by an agency, except fees established or amended by agency rule

that are below a cap or within a range established by statute. (Added 2001, No.

149 (Adj. Sess.), § 54.)
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