§ 4-189i — Review of existing agency regulations. Public hearing. Amendment or repeal of regulations.

Connecticut § 4-189i

• Jurisdiction: Connecticut
• Title 4: Management of State Agencies
• Ch. 54a: Agency Regulations: General Provisions

Text

(a) Not later than July 1, 2017, and not later than every seven years thereafter, each committee of cognizance, in consultation with each agency that is within the cognizance of the committee, shall establish the date by which each such agency shall submit a review of its existing regulations and shall notify the administrator of the regulation review committee of each such date and any extension thereof. In establishing such date, or any extension of the date that may be requested by the agency, the committee of cognizance (1) shall consider the volume and complexity of such regulations and the personnel and other resources of the agency that would be available to undertake the review within the agency's available appropriations, and (2) may establish a schedule of dates for the review of various portions of such regulations upon the agreement of the committee of cognizance and the administrative head of the agency. (b) Not later than the date specified by the committee of cognizance pursuant to subsection (a) of this section, each such agency shall submit to the committee of cognizance and to the administrator of the regulation review committee a review of its existing regulations, which shall include, but need not be limited to: (1) The agency's recommendations on how it may substantially reduce the number and length of its existing regulations; (2) the agency's determination of whether each of its existing regulations (A) is obsolete, (B) has not been used within the preceding seven years, (C) is inconsistent with any provision of the general statutes, federal law or any regulation adopted under the general statutes or federal law, (D) has been the subject of written complaints, and (E) is otherwise no longer effective; and (3) the agency's recommendation, if any, regarding any extraordinary circumstances in which waivers from its existing regulations may be appropriate. (c) Upon receipt of an agency's review, the committee of cognizance shall schedule a public hearing, which shall be held not later than ninety days following such receipt. The committee of cognizance shall make copies of the review available to the public at least fifteen days prior to the hearing. (d) Following the public hearing: (1) The committee of cognizance may request the agency to initiate the process under chapter 54 to carry out a recommendation of the agency under subsection (b) of this section to amend or repeal an existing regulation which, in the determination of the committee of cognizance, does not require the enactment of authorizing legislation, and (2) the committee of cognizance shall consider any recommendation by the agency under subsection (b) of this section which, in the determination of the committee of cognizance, would require the enactment of authorizing legislation. (e) If an agency fails to submit a review of its regulations to the committee of cognizance and the administrator of the regulation review committee as required by subsection (b) of this section or if the committee of cognizance determines that the agency has not conducted a satisfactory review of its regulations as required by said subsection, the committee of cognizance may: (1) Conduct a review of the existing regulations of the agency, as described in subsection (b) of this section, (2) request the agency to initiate the process under chapter 54 to carry out a recommendation of the committee of cognizance pursuant to such review to amend or repeal an existing regulation which, in the determination of the committee of cognizance, does not require the enactment of authorizing legislation, and (3) introduce legislation to authorize the agency to amend or repeal existing regulations. If the agency fails to initiate the process to amend or repeal an existing regulation pursuant to subdivision (2) of this subsection, the committee of cognizance may introduce legislation requiring the agency to initiate such process.

Legislative History

(P.A. 95-83, S. 2; P.A. 16-58, S. 4.) History: P.A. 16-58 amended Subsecs. (a) to (e) to replace references to regulation review committee with references to committee of cognizance, amended Subsec. (a) to replace “1996” with “2017”, to replace reference to 5 years with reference to 7 years, to add provision requiring notification to regulation review committee administrator of date and any extension, to designate provision re consideration of volume and complexity of regulations, personnel and agency resources as Subdiv. (1) and to add Subdiv. (2) re establishing schedule of dates for review, amended Subsec. (b) to add provision requiring agency to submit review of existing regulations to regulation review committee administrator and to replace reference to 5 years with reference to 7 years in Subdiv. (2)(B), amended Subsec. (c) to delete Subdiv. (1) re sending copy of review to committee of cognizance, to delete Subdiv. (2) designator and to replace “within thirty days following such receipt” with “not later than ninety days following such receipt”, amended Subsec. (e) to add provision re failure of agency to submit review to regulation review committee administrator and to replace provision re request to consider recommendation which would require enactment of legislation with provision re introducing legislation to authorize agency to amend or repeal regulations, and made technical and conforming changes, effective May 31, 2016.