j_ls_2017a_2017-11-15t09:07:36z1 Hearing Summary

Date: 11/15/2017

Location:

09:12 AM -- Rules of the State Electrical Board, Division of Professions and Occupations, Department of Regulatory Agencies, concerning the regulation of electricians



170284JAB.pdf



09:13 AM -- Jennifer Berman, Senior Attorney, Office of Legislative Legal Services, testified before the Committee. Ms. Berman presented the Office's memorandum concerning the uncontested State Electrical Board rule issues to the Committee and recommended that the rules listed in the memo not be extended.



Representative Willett asked whether the departments that make rules have counsel or experts that they rely on in enacting the rules. Ms. Berman said the agencies work with the Attorney General's (AG) office in developing their rules.



09:16 AM -- Sharon Eubanks, Director, Office of Legislative Legal Services, testified before the Committee. She said in response to Representative Willett's question that due to separation of powers issues the Office does not advise departments when they are doing their rule making. She said that the departments have counsel through the AG's office, and it isn't until the rules are filed that the Office reviews the rules.



Representative Willett asked whether there is a group of people in the AG's office that advises all the departments on their rules. Ms. Eubanks said as far as she knows the opinions that are issued by the AG's office are from the deputy attorneys general who are working with specific agencies, and she doesn't know whether they have general oversight from a single person or group of people.



Senator Holbert asked if whether there is a separation of powers issue or any issue for members as policy makers if committees of reference were to invite regulated members of the public to comment about existing rules. Ms. Eubanks said that doing so would be permissible and that it already occurs when an industry or occupation feels that a rule isn't consistent with a statute and they come forward to members of the General Assembly with their concerns. Senator Holbert asked whether there is a limitation based on sunset review. Ms. Eubanks said that outside of a sunset review, having a joint meeting on any subject is always within the committees' prerogative. Ms. Berman said there is nothing in the sunset process that would limit hearings on these types of matters from occurring outside of the sunset process. Senator Holbert asked, if a committee were to find that a department had exceeded their authority, is there anything that would limit the committee's ability to discuss that with the department or ask them to change it or to consider corrective legislation. Ms. Eubanks said she doesn't believe that doing so would violate the separation of powers and that any member can request a bill dealing with rules. Ms. Berman said that any legislator who thinks there is an issue with a rule can ask the Office to conduct an out-of-cycle rule review which would then be presented to the Committee.