Administrative Rules for Procedures for Preliminary Sunrise Review Assessments

Part 1. Introduction


1.1       Scope and Purpose

Twenty-six V.S.A. §§ 3101-3107 govern review of licensing statutes, boards and commissions. The purpose of these rules is to provide for uniform procedures to implement preliminary sunrise review assessments of requests for regulation by the Secretary of State, Office of Professional Regulation.


1.2       Authority

26 V.S.A. § 3105(d), effective July 1, 1998.


Part 2. Information for Persons Requesting Regulation

2.1       Requests

Applicable forms and information about requirements for requests for regulation are available from the Office of Professional Regulation. No later than July 1 of each year, a person or group of persons who intends to request regulation during the next legislative session shall submit the fully completed form with all supporting documentation to the Office, including a copy of any proposed legislative bill or bills relating to the request and a list of all interested persons in favor of or opposed to the proposal. The Director of the Office of Professional Regulation will initiate a preliminary sunrise review assessment only after the fully completed form and documentation are received.


2.2       Sunrise Review Criteria and Standards

Criteria and standards for sunrise review are set forth in 26 V.S.A. § 3105. A request for regulation must address in detail all issues raised in subsection (a) of § 3105. The request form available from the Office provides a format for addressing these issues.


2.3       Preparation of Preliminary Assessment

After the Office has received a fully completed request form and all supporting documentation on or before July 1 of each year, the Office will schedule a public meeting on the request and will notify interested persons.

The Office will set a deadline for submission of written comments no sooner than one week after the public meeting. Oral and written comments must address the criteria set forth in 26 V.S.A. § 3105(a).

The written preliminary assessment shall address whether the request for regulation meets the criteria set forth in 26 V.S.A. § 3105(a).

The Office shall base its written preliminary assessment upon information contained in the request for regulation, oral comments received at the public meeting, written comments submitted after the public meeting, its own budget analysis, and any other information pertinent to the request.

The Office shall prepare and file its written preliminary assessment with the appropriate House or Senate Committee on Government Operations by November 1 of each year. The Office shall furnish a copy of its written preliminary assessment to the person or group of persons requesting regulation and to other interested persons. Statutory Authority: 26 V.S.A. § 3105(d)

Effective Date: February 1, 1999

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