JEFFERSON CITY, Mo. – Review of the rules of multiple agencies will open to the public in a few short weeks, as set forth in Section 536.175 of Missouri state statute.
Rules relating to the Office of Administration, Department of Agriculture, Department of Conservation, Department of Economic Development, the Department of Elementary and Secondary Education, and the Department of Higher Education will begin the review process on July 1, 2015. The public comment period is open for 60 days.
The rolling review of existing rules is a 5-year process instituted by the General Assembly.
The public can comment on any rule within Title 1-6 in the Code of State Regulations. The Code of State Regulations may be viewed here.
To be accepted, comments must be received within the comment period, identify the commenter, identify the specific rule commented upon, be directly associated with a specific rule, and be submitted to the agency’s designee (below).
After the public comment period is over, each agency will prepare a report containing the results of the review, including whether the rule continues to be necessary, whether the rule is obsolete, whether the rule overlaps, duplicates or conflicts with other rules, whether a less restrictive or more narrowly tailored rule is appropriate, whether the rule needs amendment or recession, whether incorporated by reference materials are proper, and whether rules affecting small business are still relevant. The report will also contain an appendix with the nature of the comments the department has received on the rules and the agency responses to the comments.
While the rulemaking process often doesn’t make major splashes in the news, it does provide the handful of lawmakers on the Joint Committee on Administrative Rules a uniquely powerful opportunity to sway various state department away or toward a particular policy.
The agency’s report must be filed with the Joint Committee on Administrative Rules by June 30, 2016. Any rule not included in the report may become null and void. However, there is an extensive process, including multiple opportunities to correct any deficiency, in place before nullification of the rule. Such opportunities include the ability of the agency to request an extension from the Joint Committee on Administrative Rules, as well as notification to the agency and opportunity to correct the delinquency.
Questions about the process can be directed to Cindy Kadlec, Joint Committee on Administrative Rules, 573-751-2443 or ckadlec@senate.mo.gov.
Comments must be received by August 31,2015.
AGENCY DESIGNEES:
Title 1 – Office of Administration
Kristen Paulsmeyer
PO Box 809
Jefferson City, MO 65102
kristen.paulsmeyer@oa.mo.gov
Title 2 – Department of Agriculture
Amber Buckland
1616 Missouri Blvd.
Jefferson City, MO 65109
amber.buckland@mda.mo.gov
Title 3 – Department of Conservation
Denise Bateman
P.O. Box 180
Jefferson City, MO 65109
denise.bateman@mdc.mo.gov
Title 4 – Department of Economic Development
Nathan Nickolaus, General Counsel
P.O. Box 1157
Jefferson City, MO 65102
nathan.nickolaus@ded.mo.gov
Title 5 – Department of Elementary and Secondary Education
Barbara LePage
P.O. Box 480
Jefferson City, MO 65102
dese.adminrules@dese.mo.gov
Title 6 – Department of Higher Education
Jeremy Knee
205 Jefferson St., 11th Floor
P.O. Box 1469
Jefferson City, MO 65102
jeremy.knee@dhe.mo.gov
Rachael Herndon was the editor at The Missouri Times and also produced This Week in Missouri Politics, published Missouri Times Magazine, and co-hosted the #MoLeg podcast. She joined The Missouri Times in 2014, returning to political reporting after working as a campaign and legislative staffer.
Rachael studied at the University of Missouri – Columbia. She lives in Jefferson City with her husband, Brandon, and their two children.
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