2007 annual conference administrative rulemaking instructor: amigo wade virginia division of...
TRANSCRIPT
2007 Annual Conference
Administrative Rulemaking
Instructor: Amigo WadeVirginia Division of Legislative Services
Council on Licensure, Enforcement and RegulationAtlanta, Georgia2007 Annual Conference
INTRODUCTIONINTRODUCTION
• Overview• Various sources• Common threads
Council on Licensure, Enforcement and RegulationAtlanta, Georgia2007 Annual Conference
PROCEDURESPROCEDURES• Effective
• Fair
• Objective
• Transparent
• Emergency provisions
Council on Licensure, Enforcement and RegulationAtlanta, Georgia2007 Annual Conference
What is a rule?What is a rule?• Statement of general
application
• Prescribes, implements or interprets
• Defines procedure and practice requirements
Council on Licensure, Enforcement and RegulationAtlanta, Georgia2007 Annual Conference
What does a rule do?What does a rule do?1. Establishes requirements
2. Sets standards
3. Establishes rates or fees
4. Provides procedures
5. Implements
6. Guides
7. Describes
Council on Licensure, Enforcement and RegulationAtlanta, Georgia2007 Annual Conference
KINDS OF RULESKINDS OF RULES
• PROCEDURAL (set out procedures)
• SUBSTANTIVE (set out law/standards)
• INTERPRETIVE (interprets standards and phrases)
Council on Licensure, Enforcement and RegulationAtlanta, Georgia2007 Annual Conference
AUTHORITYAUTHORITY
• Specific grant
• Reasonably related to statute
Council on Licensure, Enforcement and RegulationAtlanta, Georgia2007 Annual Conference
WHEN IS A RULE NEEDED?WHEN IS A RULE NEEDED?
• Required by statute
• Response to conditions
• Public benefit
• Clarification
• Uniformity
Council on Licensure, Enforcement and RegulationAtlanta, Georgia2007 Annual Conference
WRITING GOOD RULESWRITING GOOD RULESRole of Regulatory AuthorityRole of Regulatory Authority
• Frame the issues
• Gather information
• Conduct consultations
• Present options
Council on Licensure, Enforcement and RegulationAtlanta, Georgia2007 Annual Conference
WRITING GOOD RULESWRITING GOOD RULESOversightOversight
• Identify need
• Provide resources
• Approve rule in principle
• Consider input
• Stay within purpose
Council on Licensure, Enforcement and RegulationAtlanta, Georgia2007 Annual Conference
GOOD RULE - PROCESSGOOD RULE - PROCESS
• Identify the objective
• Don’t re-invent the wheel
• Similar rules
• Considerations
Council on Licensure, Enforcement and RegulationAtlanta, Georgia2007 Annual Conference
GOOD RULE - PROCESSGOOD RULE - PROCESS
• Consult legal counsel
• Organizational Outline
• Drafting manual
Council on Licensure, Enforcement and RegulationAtlanta, Georgia2007 Annual Conference
REVIEWING A RULEREVIEWING A RULE
• Understandable?• Multiple interpretations?• Clear definitions?• Vague language?
Council on Licensure, Enforcement and RegulationAtlanta, Georgia2007 Annual Conference
PROBLEM AREASPROBLEM AREASDon’tsDon’ts
• Unnecessarily burden
• Repeat or change statutes
• Improperly delegate or reference
• Unclear standards
• Ambiguous language
Council on Licensure, Enforcement and RegulationAtlanta, Georgia2007 Annual Conference
PROBLEM AREASPROBLEM AREASDo’sDo’s
• Read thoroughly
• Consider possible loopholes
• Ability to prove violations
• Assure clear understanding
Council on Licensure, Enforcement and RegulationAtlanta, Georgia2007 Annual Conference
ADOPTING RULESADOPTING RULES
• Notice of intent
• Public comment
• Consideration
• Publication
Council on Licensure, Enforcement and RegulationAtlanta, Georgia2007 Annual Conference
PUBLIC COMMENTPUBLIC COMMENT
• Stakeholders
• Form of comment
• Hearing
• Professional standards
Council on Licensure, Enforcement and RegulationAtlanta, Georgia2007 Annual Conference
CONSIDERATION OF COMMENTSCONSIDERATION OF COMMENTS
• Views presented• Consider options:
–Adopt as proposed–Withdraw –Minor changes–Major changes
Council on Licensure, Enforcement and RegulationAtlanta, Georgia2007 Annual Conference
PUBLICATIONPUBLICATION
• Usually required to publish the rule
• Synopsis of comments and regulatory authority’s reaction
• Need for education
Council on Licensure, Enforcement and RegulationAtlanta, Georgia2007 Annual Conference
EMERGENCY RULESEMERGENCY RULES• Statutory authority
• Rigid standard for use
• Immediate preservation of health, safety and welfare
• Documentation
Council on Licensure, Enforcement and RegulationAtlanta, Georgia2007 Annual Conference
SUMMARYSUMMARY• Be sure you have clearly and simply stated
rules
• Be sure you comply with the letter of the law in giving clear and adequate notice of intention to engage in rulemaking
• Make sure all interested parties have opportunity to obtain a copy of the rule
Council on Licensure, Enforcement and RegulationAtlanta, Georgia2007 Annual Conference
SUMMARYSUMMARY• If a hearing is required, be sure to provide
proper notice
• Keep a record of the comments received or testimony heard and official responses to it
• Remember: board members are ultimately responsible for ensuring that rules are fair and in the public interest
Atlanta, Georgia2007 Annual Conference
Contact Information:Amigo R. WadeVirginia Division of Legislative Services910 Capitol StreetRichmond, VA 23219Phone: (804) 786-3591E-mail: [email protected]
CLEAR403 Marquis AvenueSuite 200Lexington, KY 40502Phone: (859) 269-1289E-mail: [email protected]