This bill amends the administrative rulemaking process by requiring agencies to provide additional notifications regarding proposed rulemaking. Agencies must now notify the director of legislative services, all persons regulated by the proposed rules who hold occupational licenses issued by the agency, past participants in similar rulemaking proceedings, and all persons who have requested advance notice of rulemaking proceedings. Additionally, upon request or if the rule is mandated by new legislation, agencies must notify the president of the senate, the speaker of the house, and the chairpersons of the legislative committees with jurisdiction over the subject matter. The notice must be given at least 20 days before the first public hearing, and the bill specifies various methods for notifying occupational licensees.

The bill also stipulates that if an agency adopts rules after a final objection by the joint legislative committee on administrative rules and a court finds the rule to be invalid, the agency may be required to pay the plaintiff's legal expenses. This shifts the burden of proof to the agency in judicial reviews or enforcement actions to prove that the objected rule is within their authority, consistent with legislative intent, in the public interest, and does not have a substantial economic impact not recognized in the fiscal impact statement. The bill will take effect 60 days after its passage.

Statutes affected:
Introduced: 541-A:2, 541-A:3-a, 541-A:4, 541-A:5, 541-A:6, 541-A:10, 541-A:11, 541-A:12, 541-A:13, 541-A:15, 541-A:19, 541-A:23
As Amended by the House: 541-A:6, 541-A:11, 541-A:13
As Amended by the Senate: 541-A:6, 541-A:11, 541-A:13
Version adopted by both bodies: 541-A:6, 541-A:11, 541-A:13