TITLE 42
State Affairs and Government

CHAPTER 42-35
Administrative Procedures

SECTION 42-35-2.5


§ 42-35-2.5. Advance notice of proposed rulemaking.

(a) An agency may gather information relevant to the subject matter of a potential rulemaking proceeding and may solicit comments and recommendations from the public by publishing an advance notice of proposed rulemaking in the state register and on its agency website, and indicating where, when, and how persons may comment before the rulemaking process begins.

(b) An agency may create a committee or workshop to comment or make recommendations on the subject matter of a proposed rulemaking under active consideration within the agency. In making appointments to the committee, the agency shall make reasonable efforts to establish a balance in representation among members of the public known to have an interest in the subject matter of the proposed rulemaking. At least annually, the agency shall publish in the state register a list of all committees with their membership. Notice of a meeting of the committee must be published in the state register and on its agency website at least fifteen (15) calendar days before the meeting. Any meeting, as defined in § 42-46-2, held under this subsection is open to the public and subject to the open meetings chapter pursuant to chapter 46 of title 42.

(c) If a committee is appointed under subsection (b), it shall attempt to reach a consensus on the terms or substance of a proposed rule in consultation with one or more agency representatives. The committee shall present the consensus recommendation, if any, to the agency. The agency shall consider whether to use it as the basis for a proposed rule under this chapter, but the agency is not required to use the recommendation.

(d) This section does not prohibit an agency from obtaining information and opinions from members of the public on the subject of a proposed rule by any other method or procedure.

History of Section.
(P.L. 2009, ch. 359, § 1; P.L. 2016, ch. 203, § 2; P.L. 2016, ch. 206, § 2.)