June 20, 2008
GROUNDS FOR REJECTING REGULATIONS
By: Mary M. Janicki, Director
You asked for the authority the Legislative Regulation Review Committee (LRRC) has to require state agencies adopting regulations to submit 19 copies of proposed regulations to the committee prior to consideration and whether the committee can reject regulations without prejudice if an agency fails to comply with the requirement.
The Office of Legislative Research is not authorized to issue legal opinions and this memorandum should not be considered as one.
The Uniform Administrative Procedure Act (UAPA) includes a requirement that state agencies provide 18 copies of proposed regulations to the LRRC for its consideration and approval. Currently, agencies give the committee 19 copies pursuant to an understanding they have had for several years.
The Connecticut Constitution gives the legislature broad authority, “as shall by law be prescribed” to disapprove any administrative regulation of an executive department agency (Ct. Const., art. II). The UAPA does not specify grounds the committee must have for rejecting regulations in the section authorizing the committee's options for action on a regulation (CGS § 4-170(c).
The UAPA establishes the procedures agencies must follow in proposing and adopting permanent and emergency regulations. The process includes publishing a notice of intent to adopt regulations, holding a public hearing on proposed regulations, submitting them to the attorney general for approval, and submitting them to the Legislative Regulation Review Committee for its approval.
The law specifies the form and elements of an agency's submission, including the number of copies it must provide the committee. Currently, the law requires an agency to give the committee 18 copies (CGS § 4-170(b)(1)). The law refers to the procedure in this section of the statutes for purposes of the committee's review of emergency regulations as well (CGS § 4-168(f)(2)).
When the UAPA was adopted and the current LRRC was established in 1971, agencies had to provide the committee with one copy of its proposed regulations (1971, PA 854). Soon thereafter, PA 73-396 increased the number of copies to 17. PA 99-90 substituted 18 copies for 17. That act also added language authorizing the committee to designate the manner of submission generally. According to Pam Booth, the committee's administrator, agencies now provide 19 copies under an informal agreement reached several years ago.