TITLE 42
State Affairs and Government

CHAPTER 42-35
Administrative Procedures

SECTION 42-35-2.8


§ 42-35-2.8. Public participation.

(a) An agency proposing a rule shall specify a public-comment period of at least thirty (30) days after publication of notice of the proposed rulemaking, during which a person may submit information and comment on the proposed rule. The information or comment may be submitted in an electronic or written format. The agency shall consider all information and comments on a proposed rule which is submitted pursuant to this subsection within the comment period.

(b) An agency may consider any other information it receives concerning a proposed rule during the public-comment period. Any information considered by the agency must be incorporated into the record under § 42-35-2.3. The information need not be submitted in an electronic or written format. Nothing in this section prohibits an agency from discussing with any person at any time the subject of a proposed rule.

(c) Unless a hearing is required by law of this state other than this chapter, an agency is not required to hold a hearing on a proposed rule but may do so. Opportunity for a hearing must be granted if a request is received by twenty-five (25) persons, or by a governmental agency, or by an association having not less than twenty-five (25) members, within ten (10) days of a notice posted in accordance with subsection (a). A hearing must be open to the public, recorded, and held at least five (5) days before the end of the public-comment period.

(d) A hearing on a proposed rule may not be held earlier than ten (10) days after notice of its location, date, and time is published on the secretary of state's website.

(e) An agency representative shall preside over a hearing on a proposed rule. If the representative is not the agency head, the representative shall prepare a memorandum summarizing the contents of the presentations made at the hearing for consideration by the agency head.

History of Section.
(P.L. 2016, ch. 203, § 3; P.L. 2016, ch. 206, § 3.)