Bill Text: CT HB05358 | 2014 | General Assembly | Introduced

---

Bill Title: An Act Authorizing The Regulation Review Committee To Recommend The Repeal Of Obsolete Or Burdensome Regulations.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2014-02-27 - Public Hearing 03/03 [HB05358 Detail]

Download: Connecticut-2014-HB05358-Introduced.html

---

General Assembly		Raised Bill No. 5358
February Session, 2014		LCO No. 1683
		*01683_______GAE*
Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS
Introduced by:
(GAE)

AN ACT AUTHORIZING THE REGULATION REVIEW COMMITTEE TO RECOMMEND THE REPEAL OF OBSOLETE OR BURDENSOME REGULATIONS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 4-166 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):

As used in this chapter and section 2 of this act:

(1) "Agency" means each state board, commission, department or officer authorized by law to make regulations or to determine contested cases, but does not include either house or any committee of the General Assembly, the courts, the Council on Probate Judicial Conduct, the Governor, Lieutenant Governor or Attorney General, or town or regional boards of education, or automobile dispute settlement panels established pursuant to section 42-181;

(2) "Contested case" means a proceeding, including but not restricted to rate-making, price fixing and licensing, in which the legal rights, duties or privileges of a party are required by state statute or regulation to be determined by an agency after an opportunity for hearing or in which a hearing is in fact held, but does not include proceedings on a petition for a declaratory ruling under section 4-176, hearings referred to in section 4-168 or hearings conducted by the Department of Correction or the Board of Pardons and Paroles;

(3) "Final decision" means (A) the agency determination in a contested case, (B) a declaratory ruling issued by an agency pursuant to section 4-176 or (C) an agency decision made after reconsideration. The term does not include a preliminary or intermediate ruling or order of an agency, or a ruling of an agency granting or denying a petition for reconsideration;

(4) "Hearing officer" means an individual appointed by an agency to conduct a hearing in an agency proceeding. Such individual may be a staff employee of the agency;

(5) "Intervenor" means a person, other than a party, granted status as an intervenor by an agency in accordance with the provisions of subsection (d) of section 4-176 or subsection (b) of section 4-177a;

(6) "License" includes the whole or part of any agency permit, certificate, approval, registration, charter or similar form of permission required by law, but does not include a license required solely for revenue purposes;

(7) "Licensing" includes the agency process respecting the grant, denial, renewal, revocation, suspension, annulment, withdrawal or amendment of a license;

(8) "Party" means each person (A) whose legal rights, duties or privileges are required by statute to be determined by an agency proceeding and who is named or admitted as a party, (B) who is required by law to be a party in an agency proceeding or (C) who is granted status as a party under subsection (a) of section 4-177a;

(9) "Person" means any individual, partnership, corporation, limited liability company, association, governmental subdivision, agency or public or private organization of any character, but does not include the agency conducting the proceeding;

(10) "Presiding officer" means the member of an agency or the hearing officer designated by the head of the agency to preside at the hearing;

(11) "Proposed final decision" means a final decision proposed by an agency or a presiding officer under section 4-179;

(12) "Proposed regulation" means a proposal by an agency under the provisions of section 4-168 for a new regulation or for a change in, addition to or repeal of an existing regulation;

(13) "Regulation" means each agency statement of general applicability, without regard to its designation, that implements, interprets, or prescribes law or policy, or describes the organization, procedure, or practice requirements of any agency. The term includes the amendment or repeal of a prior regulation, but does not include (A) statements concerning only the internal management of any agency and not affecting private rights or procedures available to the public, (B) declaratory rulings issued pursuant to section 4-176 or (C) intra-agency or interagency memoranda;

(14) "Regulation-making" means the process for formulation and adoption of a regulation.

Sec. 2. (NEW) (Effective October 1, 2014) The standing legislative regulation review committee may review any regulation of any agency to determine whether the regulation is obsolete or is too onerous on persons who are required to comply with the regulation. As part of such review, the regulation review committee shall schedule a public hearing at which the committee may consider testimony of the agency and the public concerning the regulation under review. If, following such hearing, the committee determines that the regulation is obsolete or is too onerous on the persons who are required to comply with the regulation, the regulation review committee may request the agency to initiate the process under chapter 54 of the general statutes to repeal any provision of such regulation, if such repeal does not require the enactment of authorizing legislation. The regulation review committee shall also notify the joint standing committee of the General Assembly having cognizance of matters relating to the subject matter of the regulation of such request.

This act shall take effect as follows and shall amend the following sections:
Section 1	October 1, 2014	4-166
Sec. 2	October 1, 2014	New section

Statement of Purpose:

To permit the regulation review committee to review current agency regulations and to recommend the repeal of burdensome or obsolete regulations.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]