Periodic review of administrative rules

1. An analysis of the continued need for the rule; the nature and merits of any complaints or comments received from the public regarding the rule; the complexity of the rule; the extent to which the rule overlaps, duplicates, or conflicts with federal regulations, other state rules, or local ordinances; and the degree to which technology, economic conditions, or other factors have changed in the subject area affected by the rule since the rule was promulgated or last modified or revised.

2. Recommendations to delete any obsolete provisions of the rule; to address any meritorious complaints or comments received from the public regarding the rule;

to simplify any unnecessarily complex provisions of the rule; to eliminate any overlap, duplication, or conflict of the rule with federal regulations, other state rules, or local ordinances; and to modernize the rule in light of technological, economic, or other changes in the subject area affected by the rule since the rule was promulgated or last modified or revised.

JCRAR then must review the report using a 14-day passive review process.

Specifically, if the cochairpersons of JCRAR do not notify the head of the agency that JCRAR has scheduled a meeting for the purpose of reviewing the report within 14 working days after receipt of the report, the rule identified in the report continues in effect and the agency may proceed with rule making to revise the rule in accordance with its recommendations. If, however, the cochairpersons of JCRAR notify the head of the agency, within those 14 working days, that JCRAR has scheduled a meeting for the purpose of reviewing the report, JCRAR may schedule a meeting to review the report. At the conclusion of its review, JCRAR may do any of the following:

1. Approve the rule in its current form, as modified by the agency's recommendations, in which case the rule continues in effect and the agency may proceed with rule making to revise the rule in accordance with those recommendations.

2. Approve the rule in its current form, but object to the agency's recommendations, in which case the rule continues in effect and the agency may submit modified recommendations to JCRAR.

3. Object to the rule in its current form, but approve the agency's recommendations, in which case JCRAR may suspend the rule and the agency may proceed with rule making to revise the rule in accordance with those recommendations.

4. Object to the rule in its current form and to the agency's recommendations, in which case JCRAR may suspend the rule and the agency may submit modified recommendations to JCRAR.

5. Refer the report to a standing committee in each house of the legislature, in which case each standing committee to which the report is referred may approve or object to the rule in its current form and the agency's recommendations and JCRAR may concur or nonconcur in the actions of those standing committees or otherwise approve or object to the rule and those recommendations.