§ 841 -   Final proposal

§ 841. Final proposal

(a) After considering public comment as required in section 840 of this title, an agency shall file a final proposal with the secretary of state and with the legislative committee on administrative rules.

(b) The filing of the final proposal shall include all information required to be filed with the original proposal, suitably amended to reflect any changes made in the rule and the fact that public hearing and comment has been completed. Where an agency decides in a final proposal to overrule substantial arguments and considerations raised for or against the original proposal or to reject suggestions with respect to separate requirements for small businesses, the final proposal shall include a description of the reasons for the agency's decision.

(c) The legislative committee on administrative rules shall distribute , by email or regular mail, a brief summary of final proposed rules to the chairs of the appropriate standing committees. In addition, upon request, each member of the appropriate standing committee shall be notified by email or in summary fashion that the final proposed rule has been filed, the date of filing, and, upon request, shall be provided with a copy of the filing.

(d) The chair of a standing committee which considered legislation delegating rulemaking authority may convene the committee for the purpose of considering a recommended course of action for the legislative committee on administrative rules. The chair may convene such a meeting, pursuant to section 406 of Title 2, while the general assembly is not in session. Any recommended course of action shall be filed with the legislative committee on administrative rules no later than five working days before the committee has scheduled a review of the proposed rule. (Added 1981, No. 82, § 6; amended 1985, No. 56, § 5; 1989, No. 134 (Adj. Sess.); 1999, No. 146 (Adj. Sess.), § 6; 2001, No. 149 (Adj. Sess.), § 51, eff. June 27, 2002.)