2007 Annual Conference Administrative Rulemaking Instructor: Amigo Wade Virginia Division of Legislative Services

Atlanta, Georgia 2007 Annual Conference Council on Licensure, Enforcement and Regulation INTRODUCTION Overview Various sources Common threads

Atlanta, Georgia 2007 Annual Conference Council on Licensure, Enforcement and Regulation PROCEDURES Effective Fair Objective Transparent Emergency provisions

Atlanta, Georgia 2007 Annual Conference Council on Licensure, Enforcement and Regulation What is a rule? Statement of general application Prescribes, implements or interprets Defines procedure and practice requirements

Atlanta, Georgia 2007 Annual Conference Council on Licensure, Enforcement and Regulation What does a rule do? 1.Establishes requirements 2.Sets standards 3.Establishes rates or fees 4.Provides procedures 5.Implements 6.Guides 7.Describes

Atlanta, Georgia 2007 Annual Conference Council on Licensure, Enforcement and Regulation KINDS OF RULES PROCEDURAL (set out procedures) SUBSTANTIVE (set out law/standards) INTERPRETIVE (interprets standards and phrases)

Atlanta, Georgia 2007 Annual Conference Council on Licensure, Enforcement and Regulation AUTHORITY Specific grant Reasonably related to statute

Atlanta, Georgia 2007 Annual Conference Council on Licensure, Enforcement and Regulation WHEN IS A RULE NEEDED? Required by statute Response to conditions Public benefit Clarification Uniformity

Atlanta, Georgia 2007 Annual Conference Council on Licensure, Enforcement and Regulation WRITING GOOD RULES Role of Regulatory Authority Frame the issues Gather information Conduct consultations Present options

Atlanta, Georgia 2007 Annual Conference Council on Licensure, Enforcement and Regulation WRITING GOOD RULES Oversight Identify need Provide resources Approve rule in principle Consider input Stay within purpose

Atlanta, Georgia 2007 Annual Conference Council on Licensure, Enforcement and Regulation GOOD RULE - PROCESS Identify the objective Don’t re-invent the wheel Similar rules Considerations

Atlanta, Georgia 2007 Annual Conference Council on Licensure, Enforcement and Regulation GOOD RULE - PROCESS Consult legal counsel Organizational Outline Drafting manual

Atlanta, Georgia 2007 Annual Conference Council on Licensure, Enforcement and Regulation REVIEWING A RULE Understandable? Multiple interpretations? Clear definitions? Vague language?

Atlanta, Georgia 2007 Annual Conference Council on Licensure, Enforcement and Regulation PROBLEM AREAS Don’ts Unnecessarily burden Repeat or change statutes Improperly delegate or reference Unclear standards Ambiguous language

Atlanta, Georgia 2007 Annual Conference Council on Licensure, Enforcement and Regulation PROBLEM AREAS Do’s Read thoroughly Consider possible loopholes Ability to prove violations Assure clear understanding

Atlanta, Georgia 2007 Annual Conference Council on Licensure, Enforcement and Regulation ADOPTING RULES Notice of intent Public comment Consideration Publication

Atlanta, Georgia 2007 Annual Conference Council on Licensure, Enforcement and Regulation PUBLIC COMMENT Stakeholders Form of comment Hearing Professional standards

Atlanta, Georgia 2007 Annual Conference Council on Licensure, Enforcement and Regulation CONSIDERATION OF COMMENTS Views presented Consider options: –Adopt as proposed –Withdraw –Minor changes –Major changes

Atlanta, Georgia 2007 Annual Conference Council on Licensure, Enforcement and Regulation PUBLICATION Usually required to publish the rule Synopsis of comments and regulatory authority’s reaction Need for education

Atlanta, Georgia 2007 Annual Conference Council on Licensure, Enforcement and Regulation EMERGENCY RULES Statutory authority Rigid standard for use Immediate preservation of health, safety and welfare Documentation

Atlanta, Georgia 2007 Annual Conference Council on Licensure, Enforcement and Regulation SUMMARY Be sure you have clearly and simply stated rules Be sure you comply with the letter of the law in giving clear and adequate notice of intention to engage in rulemaking Make sure all interested parties have opportunity to obtain a copy of the rule

Atlanta, Georgia 2007 Annual Conference Council on Licensure, Enforcement and Regulation SUMMARY If a hearing is required, be sure to provide proper notice Keep a record of the comments received or testimony heard and official responses to it Remember: board members are ultimately responsible for ensuring that rules are fair and in the public interest

Atlanta, Georgia 2007 Annual Conference Contact Information: Amigo R. Wade Virginia Division of Legislative Services 910 Capitol Street Richmond, VA Phone: (804) CLEAR 403 Marquis Avenue Suite 200 Lexington, KY Phone: (859)