1.Notice; public hearing.
Prior to the adoption of any rule, the agency shall give notice as provided in section
8053 and may hold a public hearing, except that a public hearing must be held if otherwise required by statute or requested by any 5 interested persons or if the rule is a major substantive rule as defined in section 8071, subsection
2, paragraph B.
A public meeting or other public forum held by an agency for any purpose that includes
receiving public comments on a proposed agency rule is a public hearing and is subject
to all the provisions of this subchapter regarding public hearings.
2007, c. 581, §2 (AMD)
Any public hearing shall comply with any requirements imposed by statute, but shall
not be subject to subchapter IV. Any public hearing shall be held and conducted as
A. In the case of a rule authorized to be adopted by more than one agency member, at
least 1/3 of the agency members shall be present. [1981, c. 524, §2 (NEW).]
B. In the case of a rule authorized to be adopted by a single agency member, either
the agency member, a person in a major policy-influencing position, as listed in chapter
71, or a designee who has responsibility over the subject matter to be discussed at
the hearing shall hold and conduct the hearing. [1993, c. 362, §2 (AMD).]
1993, c. 362, §2 (AMD)
3.Statements and arguments filed.
When a public hearing is held, written statements and arguments concerning the proposed
rule may be filed with the agency within 10 days after the close of the public hearing,
or within such longer time as the agency may direct.
1977, c. 551, §3 (NEW)
4.Relevant information considered.
The agency shall consider all relevant information available to it, including, but
not limited to, economic, environmental, fiscal and social impact analyses and statements
and arguments filed, before adopting any rule.
1991, c. 632, §1 (AMD)
5.Written statement adopted.
At the time of adoption of any rule, the agency shall adopt a written statement
explaining the factual and policy basis for the rule. The agency shall list the names
of persons whose comments were received, including through testimony at hearings,
the organizations the persons represent and summaries of their comments. The agency
shall address the specific comments and concerns expressed about any proposed rule
and state its rationale for adopting any changes from the proposed rule, failing to
adopt the suggested changes or drawing findings and recommendations that differ from
those expressed about the proposed rule.
A. If the same or similar comments or concerns about a specific issue were expressed
by different persons or organizations, the agency may synthesize these comments and
concerns into a single comment that accurately reflects the meaning and intent of
these comments and concerns to be addressed by the agency, listing the names of the
persons who commented and the organizations they represent. [1993, c. 446, Pt. A, §19 (AMD).]
B. A rule may not be adopted unless the adopted rule is consistent with the terms of
the proposed rule, except to the extent that the agency determines that it is necessary
to address concerns raised in comments about the proposed rule, or specific findings
are made supporting changes to the proposed rule. The agency shall maintain a file
for each rule adopted that must include, in addition to other documents required by
this Act, testimony, comments, the names of persons who commented and the organizations
they represent and information relevant to the rule and considered by the agency in
connection with the formulation, proposal or adoption of a rule. If an agency determines
that a rule that the agency intends to adopt is substantially different from the proposed
rule, the agency shall request comments from the public concerning the changes from
the proposed rule. The agency may not adopt the rule for a period of 30 days from
the date comments are requested pursuant to this paragraph. Notice of the request
for comments must be published by the Secretary of State in the same manner as notice
for proposed rules. [2011, c. 380, Pt. NNN, §1 (AMD).]
C. If the adoption under this subsection is final adoption of a major substantive
rule under subchapter II-A, the agency must include in its written statement citation
of the legislative act authorizing final adoption of that rule; or, if authorization
is the result of failure of the Legislature to act under section 8072, subsection
7, the agency must indicate that fact and identify the date the agency filed the rule
for review under section 8072. [1997, c. 196, §1 (NEW).]
2011, c. 380, Pt. NNN, §1 (AMD)
5-A.Impact on small business.
In adopting rules, the agencies shall seek to reduce any economic burdens through
flexible or simplified reporting requirements and may seek to reduce burdens through
flexible or simplified timetables that take into account the resources available to
the affected small businesses. The agency may consider clarification, consolidation or simplification of compliance or reporting requirements. For the purposes of this
subsection, "small business" means businesses that have 20 or fewer employees.
Prior to the adoption of any proposed rule that may have an adverse impact on small
businesses, the agency shall prepare an economic impact statement that includes the
A. An identification of the types and an estimate of the number of the small businesses
subject to the proposed rule; [2007, c. 181, §1 (NEW).]
B. The projected reporting, record-keeping and other administrative costs required for
compliance with the proposed rule, including the type of professional skills necessary
for preparation of the report or record; [2007, c. 181, §1 (NEW).]
C. A brief statement of the probable impact on affected small businesses; and [2007, c. 181, §1 (NEW).]
D. A description of any less intrusive or less costly, reasonable alternative methods
of achieving the purposes of the proposed rule. [2007, c. 181, §1 (NEW).]
2007, c. 181, §1 (AMD)
No rule, except emergency rules adopted under section 8054, becomes effective until
at least 5 days after filing with the Secretary of State under section 8056, subsection
1, paragraph B.
When the effective date of a rule is contingent upon the occurrence or nonoccurrence
of an event, notification of the occurrence or nonoccurrence must be filed with the
Secretary of State when known.
1993, c. 362, §3 (AMD)
7.Adoption of rule.
A rule may not take effect unless:
A. The agency adopts it within 120 days of the final date by which data, views or arguments
may be submitted to the agency for consideration in adopting the rule; and [1985, c. 39, §1 (NEW).]
B. This adopted rule is approved by the Attorney General as to form and legality, as
required by section 8056, within 150 days of the final date by which those comments
may be submitted. [1985, c. 39, §1 (NEW).]
The final date for comments may be extended if notice of doing so is published within
14 days after the most recently published comment deadline, in the consolidated notice
referred to in section 8053.
1995, c. 373, §3 (AMD)
8.Appropriate reference to underlying federal and state laws and regulations.
At the time of adoption of any rule, the agency shall refer with particularity to
any underlying federal or state law or regulation which serves as the basis of the
1985, c. 77, §1 (NEW)
1977, c. 551, §3 (NEW).
1977, c. 694, §34-A (AMD).
1979, c. 425, §4 (AMD).
1981, c. 524, §§1-6 (AMD).
1985, c. 39, §1 (AMD).
1985, c. 77, §1 (AMD).
1985, c. 506, §§A2,3 (AMD).
1985, c. 680, §§1,2 (AMD).
1985, c. 737, §A18 (AMD).
1989, c. 574, §§3,4 (AMD).
1991, c. 632, §1 (AMD).
1993, c. 362, §§2,3 (AMD).
1993, c. 446, §A19 (AMD).
RR 1995, c. 2, §8 (COR).
1995, c. 373, §3 (AMD).
1995, c. 463, §1 (AMD).
1997, c. 110, §2 (AMD).
1997, c. 196, §1 (AMD).
2007, c. 181, §1 (AMD).
2007, c. 581, §2 (AMD).
2011, c. 380, Pt. NNN, §1 (AMD).
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