4-23a-20

Regulations of Connecticut State Agencies


Sec. 4-23a-20. Procedure for the issuance, amendment, or repeal of a regulation

(a) Proceedings for the issuance, amendment, or repeal of regulation may be commenced by the department on its own initiative or pursuant to a petition submitted by an interested person.

(b) Notice of the proposed issuance, amendment or repeal of a regulation will appear in the Connecticut Law Journal at least thirty days prior to the proposed action. The notice will contain: (i) a statement of the purpose and substance of the proposed action; (ii) a statement of the time, date and place of the public hearing or other opportunity for the presentation of views; (iii) reference to the statutory authority under which the department is acting; and (iv) a statement of the terms or substance of the intended action. The notice also shall be mailed to all persons who have made requests to the department for advance notice of regulation adoption proceedings.

(c) Following the publication of such notice the department shall prepare a fiscal note, including an estimate of the cost or of the revenue impact on the state or any municipality of the state.

(d) Adequate publicity will be provided by the department to assure that all interested parties have notice of the time, date and place of the public hearing or other opportunity for the presentation of views. The purpose is to afford an opportunity for all interested parties to participate in the proceedings through the submission of written or oral data, views, arguments or suggestions.

(e) The department will consider fully all written and oral submissions respecting the proposed regulation and shall revise the fiscal note in accordance with any changes made in said proposed regulation.

(f) Upon reaching a decision whether to proceed with such proposed regulation or to alter its text from that initially proposed the department will, at least twenty days before submitting a proposed regulation to the standing legislative regulation review committee, mail, to all persons who have made submissions or who have made statements or oral arguments concerning such proposed regulation, and who have requested notification, notice that it has decided to take action on the proposed regulation and that it has made available for copying and inspection (i) the final wording of the proposed regulation; (ii) a statement of the principal reasons in support of its intended action; and (iii) a statement of the principal consideration in opposition to its intended action as urged in written or oral comments on the proposed regulation and its reasons for rejecting such considerations.

(g) The proposed regulation will be forwarded to the Attorney General and to the Regulations Review Committee of the General Assembly for approval, as required by statute.

(h) The new regulation or the amendment or repeal of an existing regulation will become final following approval by the Attorney General and Regulations Review Committee and certification thereof to the Secretary of State.

(i) When the department finds that an imminent peril to the public health, safety or welfare so requires, it may adopt emergency regulations, in accordance with the provisions of subsection (b) of section 4-168 of the General Statutes.

(Effective November 19, 1984)