Hearing Process
The Committee may convene hearings on rules as it deems necessary, but generally holds hearings in the 30 day period in which the Order of Rulemaking is on file with the Committee. Typically the Committee will convene a hearing upon the request of any member of the Committee or upon the request of five members of the General Assembly. Citizens may also request the Committee to convene a hearing.
At a hearing the Committee will hear testimony from those opposing the rule as well as those who are supportive of the rule, including the state agency responsible for promulgating the rule. Thereafter, the Committee may take action on the rules and may disapprove the entire rule or any portion thereof.
If a rule has been disapproved by the Committee, it is held in abeyance and may not be published by the Secretary of State. For the Committee’s disapproval to become permanent, the General Assembly must ratify the action of the Joint Committee on Administrative Rules. This is achieved with passage of a concurrent resolution within 30 legislative days. Upon passage, the concurrent resolution is sent to the Governor for approval or rejection. If the concurrent resolution is endorsed by the Governor or the Governor’s veto has been overridden by the General Assembly, the rule is permanently disapproved.