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General Information about the General Assembly: 76-1

ADMINISTRATIVE RULES REVIEW COMMITTEE

The Administrative Rules Review Committee is bipartisan and is composed of five members of the House and five members of the Senate. Regular committee meetings are required by law to be held on the second Tuesday of each month. The Committee may, however, alter the schedule from time to time.

The Administrative Rules Review Committee meets for the purpose of selectively reviewing rules, whether the rule is proposed or is in effect. Meetings are open to the public and any interested person may appear and present testimony. The committee may require a representative of an agency whose rule or proposed rule is under consideration to attend a committee meeting.

The committee cannot veto a rule. If it objects to a rule, however, it may notify the agency in writing of the objection prior to the effective date of the rule. The governor or attorney general may similarly object to a rule. In any subsequent court proceeding, the burden is on the agency to prove that the rule is reasonable and within the authority of the agency. The committee may also recommend that the Legislature adopt a law to supersede the rule.

The committee may also delay the effective date of a rule 70 days or until the adjournment of the next regular session of the General Assembly. If, at the expiration of this time period, the General Assembly has not disapproved of the rule by a joint resolution (known as a nullification resolution), the rule becomes effective. The governor may also rescind an adopted rule within 70 days of the rule becoming effective.

Joe Royce is legal counsel to the Administrative Rules Review Committee. His office is located within Room 116 in the Capitol Building, 515/281-3084.


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