§ 75-307.1. Legislative review of adopted rules and rulemaking process.  


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  • A.  The Speaker of the House of Representatives and the President Pro Tempore ofthe Senate may each establish a rule review committee or designate standing committees of each such house to review administrative rules.

    B.  Such committees may meet separately or jointly at any time, during sessions of the Legislature and in the interim.

    C.  The function of the committees so established or designated shall be the review and promotion of adequate and proper rules by agencies and developing an understanding on the part of the public respecting such rules.  Such function shall be advisory only.

    Each committee may review all adopted rules and such other rules the committee deems appropriate and may make recommendations concerning such rules to their respective house of the Legislature, or to the agency adopting the rule, or to both their respective house of the Legislature and the agency.

    D.  In addition to the review of agency-adopted rules pursuant to this act, each such committee shall have the power and duty to:

    1.  Conduct a continuous study and investigations as to whether additional legislation or changes in legislation are needed based on various factors, including but not limited to, review of proposed rules, review of existing rules including but not limited to consideration of amendments to or repeal of existing rules, the lack of rules, the ability of agencies to promulgate such rules, and the needs of administrative agencies;

    2.  Conduct a continuous study of the rulemaking process of all state agencies including those agencies exempted by Section 250.4 of this title for the purpose of improving the rulemaking process;

    3.  Conduct such other studies and investigations relating to rules as may be determined to be necessary by the committee; and

    4.  Monitor and investigate compliance of agencies with the provisions of the Administrative Procedures Act, make periodic investigations of the rulemaking activities of all agencies and evaluate and report on all rules in terms of their propriety, legal adequacy, relation to statutory authorization, economic and budgetary effects and public policy.

Added by Laws 1987, c. 207, § 19.  Amended by Laws 1988, c. 292, § 18, emerg. eff. July 1, 1988.