2007 annual conference administrative rulemaking instructor: amigo wade virginia division of...

2007 Annual Conference

Administrative Rulemaking

Instructor: Amigo WadeVirginia Division of Legislative Services

[email protected]

Council on Licensure, Enforcement and RegulationAtlanta, Georgia2007 Annual Conference

INTRODUCTIONINTRODUCTION

• Overview• Various sources• Common threads


PROCEDURESPROCEDURES• Effective

• Fair

• Objective

• Transparent

• Emergency provisions


What is a rule?What is a rule?• Statement of general

application

• Prescribes, implements or interprets

• Defines procedure and practice requirements


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


KINDS OF RULESKINDS OF RULES

• PROCEDURAL (set out procedures)

• SUBSTANTIVE (set out law/standards)

• INTERPRETIVE (interprets standards and phrases)


AUTHORITYAUTHORITY

• Specific grant

• Reasonably related to statute


WHEN IS A RULE NEEDED?WHEN IS A RULE NEEDED?

• Required by statute

• Response to conditions

• Public benefit

• Clarification

• Uniformity


WRITING GOOD RULESWRITING GOOD RULESRole of Regulatory AuthorityRole of Regulatory Authority

• Frame the issues

• Gather information

• Conduct consultations

• Present options


WRITING GOOD RULESWRITING GOOD RULESOversightOversight

• Identify need

• Provide resources

• Approve rule in principle

• Consider input

• Stay within purpose


GOOD RULE - PROCESSGOOD RULE - PROCESS

• Identify the objective

• Don’t re-invent the wheel

• Similar rules

• Considerations


GOOD RULE - PROCESSGOOD RULE - PROCESS

• Consult legal counsel

• Organizational Outline

• Drafting manual


REVIEWING A RULEREVIEWING A RULE

• Understandable?• Multiple interpretations?• Clear definitions?• Vague language?


PROBLEM AREASPROBLEM AREASDon’tsDon’ts

• Unnecessarily burden

• Repeat or change statutes

• Improperly delegate or reference

• Unclear standards

• Ambiguous language


PROBLEM AREASPROBLEM AREASDo’sDo’s

• Read thoroughly

• Consider possible loopholes

• Ability to prove violations

• Assure clear understanding


ADOPTING RULESADOPTING RULES

• Notice of intent

• Public comment

• Consideration

• Publication


PUBLIC COMMENTPUBLIC COMMENT

• Stakeholders

• Form of comment

• Hearing

• Professional standards


CONSIDERATION OF COMMENTSCONSIDERATION OF COMMENTS

• Views presented• Consider options:

–Adopt as proposed–Withdraw –Minor changes–Major changes


PUBLICATIONPUBLICATION

• Usually required to publish the rule

• Synopsis of comments and regulatory authority’s reaction

• Need for education


EMERGENCY RULESEMERGENCY RULES• Statutory authority

• Rigid standard for use

• Immediate preservation of health, safety and welfare

• Documentation


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


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]

2007 annual conference administrative rulemaking instructor: amigo wade virginia division of...

Documents

annual conference council

statute slide

manual slide

purpose slide

regulation adopting

regulation good rule

clear understanding

regulation problem areas