CHAPTER 54a

AGENCY REGULATIONS: GENERAL PROVISIONS

Table of Contents

Sec. 4-189h. Definitions.

Sec. 4-189i. Existing agency regulations. Review. Reductions in number and length of agency regulations.

Sec. 4-189j. Increases in fees set in regulations.


Sec. 4-189h. Definitions. As used in this section and section 4-189i:

(1) “Agency” shall have the same meaning as “agency”, as defined in section 4-166;

(2) “Regulation” shall have the same meaning as “regulation”, as defined in section 4-166;

(3) “Existing regulation” means a regulation that was adopted by an agency no later than one year prior to the scheduled date of review, as provided in subsection (b) of section 4-189i;

(4) “Regulation review committee” means the standing legislative regulation review committee established under section 4-170;

(5) “Committee of cognizance” means the legislative committee of the General Assembly having cognizance of the subject matter of a regulation.

(P.A. 95-83, S. 1.)

Sec. 4-189i. Existing agency regulations. Review. Reductions in number and length of agency regulations. (a) Not later than July 1, 1996, and every five years thereafter, the regulation review committee in consultation with each agency, shall establish the date by which the agency shall submit a review of the existing regulations adopted by said agency. In establishing such date, or any extension of the date that may be requested by the agency, the committee shall consider the volume and complexity of such regulations and the personnel and other resources of the agency which would be available to undertake the review within the agency’s available appropriations.

(b) Not later than the date specified by the regulation review committee, each agency shall submit to the committee a review of its existing regulations, which shall include, but not be limited to: (1) The agency’s recommendations on how it may substantially reduce the number and length of its existing regulations; (2) the agency’s determination of whether each existing regulation (A) is obsolete, (B) has not been used within the preceding five years, (C) is inconsistent with any provision of the general statutes, federal law or any regulation adopted under the general statutes or federal law, (D) has been the subject of written complaints, (E) is otherwise no longer effective; and (3) the agency’s recommendation of any extraordinary circumstances in which waivers from existing regulations may be appropriate.

(c) Upon receipt of an agency’s review, the regulation review committee shall: (1) Send a copy of the review to the committee of cognizance and (2) schedule a public hearing jointly with the committee of cognizance, which shall be held within thirty days following such receipt. The regulation review committee shall have copies of the review available to the public at least five days prior to the hearing.

(d) Following the public hearing: (1) The regulation review committee may request the agency to initiate the process under chapter 54 to carry out a recommendation of the agency under subsection (b) of this section to amend or repeal an existing regulation which, in the determination of the regulation review committee, does not require the enactment of authorizing legislation and (2) the committee of cognizance shall consider any recommendation by the agency under subsection (b) of this section which, in the determination of the committee of cognizance or the regulation review committee, would require the enactment of authorizing legislation.

(e) If an agency fails to submit to the regulation review committee a review of the agency’s regulations as required by subsections (a) and (b) of this section or if the regulation review committee determines that the agency has not conducted a satisfactory review of the agency’s regulations as required by said subsections, the regulation review committee may: (1) Conduct a review of the existing regulations of the agency, as described in subsection (b) of this section, (2) request the agency to initiate the process under chapter 54 to carry out a recommendation of the regulation review committee pursuant to such review to amend or repeal an existing regulation which, in the determination of the regulation review committee, does not require the enactment of authorizing legislation and (3) request the committee of cognizance to consider any recommendation by the regulation review committee pursuant to such review which, in the determination of the regulation review committee, would require the enactment of authorizing legislation. If the agency fails to initiate the process to amend or repeal an existing regulation pursuant to subdivision (2) of this subsection, the regulation review committee may request the committee of cognizance to introduce legislation requiring the agency to initiate such process.

(P.A. 95-83, S. 2.)

Sec. 4-189j. Increases in fees set in regulations. Notwithstanding any provision of the general statutes or any regulation of Connecticut state agencies to the contrary, on and after October 1, 2009, each fee in effect pursuant to regulations adopted pursuant to any section of the general statutes that is (1) one thousand dollars or more shall be increased by two hundred fifty dollars, (2) one hundred fifty dollars or more, but less than one thousand dollars, shall be increased by twenty-five per cent and rounded up to the next whole five-dollar increment, and (3) less than one hundred fifty dollars shall be doubled.

(June Sp. Sess. P.A. 09-3, S. 391.)