§ 842. Review by Legislative Committee
(a) Objection; time frame; process.
(1) Within 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) 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.
(2) The agency shall within 14 days after receiving notice respond in writing to the Committee
and send a copy to the Secretary of State. In its response, the agency may include
revisions to the proposed rule or filing documents that seek to cure defects noted
by the Committee.
(3) After receipt of this response, the Committee may withdraw or modify its objections.
(b) Grounds for objection. 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;
(4) the agency did not adhere to the strategy for maximizing public input prescribed by
the Interagency Committee on Administrative Rules;
(5) a proposed rule is not written in a satisfactory style in accordance with section 833 of this title;
(6) the economic impact analysis fails to recognize a substantial economic impact of the
proposed rule, fails to include an evaluation and statement of costs to local school
districts required under section 838 of this title, or fails to recognize a substantial economic impact of the rule to such districts;
or
(7) the environmental impact analysis fails to recognize a substantial environmental impact
of the proposed rule.
(c) Objections; legal effect.
(1) When objection is made under this section, and the objection is not withdrawn after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.
(2) 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 is written in a satisfactory style in accordance with section 833 of this title, and that the agency did adhere to the strategy for maximizing public input prescribed
by the Interagency Committee on Administrative Rules and its economic and environmental
impact analyses did not fail to recognize a substantial economic or environmental
impact. The objection of the Committee shall not be admissible evidence in any proceeding
other than to establish the fact of the objection. If the agency fails to meet its
burden of proof, the court shall declare the whole or portion of the rule objected
to invalid.
(3) The failure of the Committee to object to a rule is not an implied legislative authorization
of its substantive or procedural lawfulness.
(d) Notice of objection; inclusion on rule copies. 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; 2017, No. 156 (Adj. Sess.), § 2; 2019, No. 12, § 1, eff. April 30, 2019.)