§ 10-3-309 - Review of state agency rules, regulations, amendments, revisions, etc.
               	 		
10-3-309.    Review of state agency rules, regulations, amendments, revisions, etc.
    (a)    (1)    (A)  In  the passage of this section, the General Assembly is aware of the  significant number of laws which have been enacted granting to boards,  commissions, departments, and administrative agencies of state  government the authority to promulgate and enforce rules and  regulations.
            (B)  The General  Assembly is further aware that ample safeguards have not been  established whereby the General Assembly may be informed of  circumstances in which administrative rules and regulations do not  conform to legislative intent.
      (2)  It  is the purpose of this section to establish a method for continuing  legislative review of such rules and regulations whereby the General  Assembly at each legislative session may take remedial steps to correct  abuses of rulemaking authority or clarify legislative intent with  respect to the rulemaking authority granted the administrative boards,  commissions, departments, or agencies.
(b)    (1)    (A)  Whenever  a state agency finalizes the promulgation of a rule or regulation or a  revision, amendment, or change in the regulation, a copy shall be filed  with the Bureau of Legislative Research if the rule or regulation  contains any changes from the initial filing of the rule or regulation.
            (B)  A  state agency shall notify the Legislative Council of its intention to  repeal any rule or regulation which is on file with the bureau.
      (2)  As  used in this section, "state agency" means any office, board,  commission, department, council, bureau, or other agency of state  government having authority by statute enacted by the General Assembly  to promulgate or enforce the administrative rules and regulations.
(c)    (1)  The  research staff of the bureau shall study and review all current rules,  or proposed rules, and all adopted amendments and revisions of rules by  state agencies and shall report to the Legislative Council in regard to  them.
      (2)  The Legislative Council  shall act in an advisory capacity to the General Assembly with respect  to administrative rules and procedures and shall report to the General  Assembly at each regular session all administrative rules and  regulations which the Legislative Council believes to be contrary to  legislative intent or promulgated without legislative authority.
(d)    (1)    (A)  The  Legislative Council may selectively review possible, proposed, or  adopted rules and regulations and prescribe appropriate Legislative  Council procedures for that purpose.
            (B)  The  Legislative Council may receive and investigate complaints from members  of the public with respect to possible, proposed, or adopted rules and  regulations and hold public proceedings on those complaints.
      (2)    (A)  The  Legislative Council may request a representative of an agency whose  possible, proposed, or adopted rule or regulation is under examination  to attend a Legislative Council meeting and answer relevant questions.
            (B)  The  Legislative Council may also communicate to the agency its nonbinding  comments on any possible, proposed, or adopted rule or regulation and  request the agency to respond to them in writing.
      (3)    (A)  The  Legislative Council may recommend and refer the recommendation to the  appropriate committee or committees of the General Assembly:
                  (i)  Enactment of a statute to improve the operation of an agency; and
                  (ii)  That a particular rule or regulation be superseded in whole or in part by statute.
            (B)  Subdivision  (d)(3)(A) of this section does not preclude any committee of the  General Assembly from reviewing a rule or regulation on its own motion  or recommending that it be superseded in whole or in part by statute.
      (4)    (A)    (i)  If  the Legislative Council considers all or any portion of a rule or  regulation to be beyond the procedural or substantive authority  delegated to the adopting agency, the Legislative Council may file  notice of that with the agency issuing the rule or regulation in  question.
                  (ii)  The notice  shall contain a concise statement detailing the precise reasons that the  Legislative Council considers the rule or regulation, or portion  thereof, to be beyond the procedural or substantive authority delegated  to the agency.
            (B)  The Legislative Council shall maintain a permanent register open to public inspection of all notices.
            (C)    (i)  Within  thirty (30) calendar days after the filing of an objection by the  Legislative Council to a rule or regulation, the issuing agency shall  respond in writing to the Legislative Council.
                  (ii)  After receipt of the response, the Legislative Council may withdraw or modify its findings.
            (D)  The  failure of the Legislative Council to file a notice regarding a rule or  regulation is not an implied legislative authorization of its  procedural or substantive validity.
      (5)  The Legislative Council may make nonbinding recommendations to an agency that it adopt a rule or regulation.
(e)    (1)    (A)  Before  any rule or regulation of any state agency may be revised, promulgated,  amended, or changed, a copy of the rule or amendment to existing rules  and a financial impact statement shall be filed with the bureau at least  thirty (30) days before the expiration of the period for public comment  on the rule pursuant to the Arkansas Administrative Procedure Act,     25-15-201 et seq., or other acts pertaining to the rule-making authority  of that agency.
            (B)  The scope  of the financial impact statement shall be determined by the agency but  shall include, at a minimum, the estimated cost of complying with the  rule or regulation and the estimated cost for the agency to implement  the rule or regulation.
            (C)  Except  as provided in    6-11-132, if the agency has reason to believe that the  development of a financial impact statement will be so speculative as  to be cost prohibitive, the agency shall submit a statement and  explanation to that effect.
            (D)  If  the purpose of a state agency rule or regulation is to implement a  federal rule or regulation, the financial impact statement shall be  limited to any incremental additional cost of the state rule or  regulation as opposed to the federal rule or regulation.
      (2)  The  bureau shall review the proposed revised or amended rule or regulation  and, if it is believed that the rule or regulation is contrary to  legislative intent, shall file a statement thereof with the Legislative  Council.
      (3)  In either event, the  proposed rule or regulation and any comment on the proposed rule or  regulation prepared by the bureau shall be submitted to the Legislative  Council at the next regular meeting following its filing with the  Legislative Council.
(f)    (1)  In  addition, before any rule or regulation of any state agency may be  revised, promulgated, amended, or changed, a copy of the rule or  amendment to existing rules shall be filed with the interim committees  of the General Assembly having responsibility for review of that agency  under Acts 1977, No. 100.
      (2)  The  filing shall be made at least thirty (30) days before the expiration of  the period for public comment on the rule, pursuant to the Arkansas  Administrative Procedure Act,    25-15-201 et seq., or other acts  pertaining to the rulemaking authority of the agency.