Chapter 462 of the Laws of 2012 amended SAPA §§202-d and 207


INITIAL REVIEW OF NEW RULES (SAPA §207)
SAPA §207 requires certain agencies to review existing rules at 5-year intervals. Chapter 462 amended §207 to also direct certain agencies to initially review certain rules no later than in the 3rd calendar year after the year in which the rule is adopted. However, such initial review period may be extended on a rule-by-rule basis if an agency follows a particular process (See Proposed Rule Making below).

After a rule is initially reviewed, the rule should thereafter be re-reviewed at 5-year intervals - in the same manner that existing rules have undergone 5-year review since the original enactment of SAPA §207. (It is noted that §207, pursuant to its unchanged subdivision 5, does not apply to consensus rules and rate makings.)

Proposed Rule Making

For an agency to schedule an initial review of a certain rule for a calendar year beyond the 3-year period described above, the rule’s RFA, RAFA, or JIS must: 1) specify the proposed initial review period, which shall be no later than in the 5th calendar year after the year in which the rule is adopted; 2) provide justification for such proposed initial review period; and 3) invite public comment thereon.

Note: The Notice of Proposed Rule Making form and the RFA, RAFA and JIS formats have been amended to accommodate SAPA §207 changes.

Rule Adoption

An agency (after following the above-described process for proposing to exceed the 3-year initial review period for a rule) that receives any comments on a proposal to schedule an initial review of a certain rule beyond the 3-year time period shall cause that rule’s Notice of Adoption to be accompanied by an assessment of comments.

A specified initial review period for a rule, whether or not the rule being adopted required a RFA, RAFA, or JIS, must accompany a Notice of Adoption submitted by a certain agency. Such specified period shall be no later than the 5th calendar year after the year in which the rule is being adopted.

Note: The Notice of Adoption form has been amended to accommodate SAPA §207 changes.

REGULATORY AGENDAS (SAPA §202-d)

Any agency required to submit a Regulatory Agenda now must also post such agenda on the agency website.
A Regulatory Agenda now must also include an e-mail address for the agency representative from whom information may be obtained and to whom written comments may be submitted.

Note: The Regulatory Agenda format has been amended to accommodate SAPA §202-d changes.