§ 3104. Process for review of regulatory laws

(a) The Office may review a regulatory law that is within its jurisdiction, and shall review any regulatory law within or outside its jurisdiction upon the request of the House or Senate Committee on Government Operations. Notwithstanding any provisions of this section to the contrary, the Office shall not review regulatory laws within the jurisdiction of the Agency of Education. The Office shall base its review on the criteria and standards set forth in section 3105 of this chapter.

(b) The review shall also include the following inquiries in the discretion of the Office or in response to a Committee request:

(1) the extent to which a regulatory entity's actions have been in the public interest and consistent with legislative intent;

(2) the extent to which the profession's historical performance, including the actual history of complaints and disciplinary actions in Vermont, indicates that the costs of regulation are justified by the realized benefits to the public;

(3) the extent to which the scope of the existing regulatory scheme for the profession is commensurate to the risk of harm to the public;

(4) the extent to which the profession's education, training, and examination requirements for a license or certification are consistent with the public interest;

(5) the extent to which a regulatory entity's resolutions of complaints and disciplinary actions have been effective to protect the public;

(6) the extent to which a regulatory entity has sought ideas from the public and from those it regulates, concerning reasonable ways to improve the service of the entity and the profession or occupation regulated;

(7) the extent to which a regulatory entity gives adequate public notice of its hearings and meetings and encourages public participation;

(8) whether a regulatory entity makes efficient and effective use of its funds and meets its responsibilities; and

(9) whether a regulatory entity has sufficient funding to carry out its mandate.

(c)(1) The Office shall give adequate notice to the public, the applicable regulatory entity, and the appropriate professional societies that it is reviewing a particular regulatory law and, as applicable, that regulatory entity. Notice to the regulatory entity and the professional societies shall be in writing.

(2) The regulatory entity shall provide to the Office the information described in section 3107 of this chapter and available data the Office requests for purposes of the review.

(3) The Office shall seek comments and information from the public and from members of the profession or occupation. It also shall give the regulatory entity a chance to present its position and to respond to any matters raised in the review.

(4) The Office, upon its request, shall have assistance from the Department of Finance and Management, the Auditor of Accounts, the Attorney General, the Joint Fiscal Committee, or any other State agency.

(d)(1) The Office shall file a separate written report for each review with the House and Senate Committees on Government Operations, any legislative committees of jurisdiction for the underlying field of regulation, and the applicable regulatory entity. The reports shall contain:

(A) findings, alternative courses of action, and recommendations;

(B) a copy of the regulatory entity's administrative rules; and

(C) appropriate legislative proposals.

(2)(A) If the review is in regard to a regulatory law outside its jurisdiction, the Office shall submit the report in conjunction with the agency with jurisdiction over the licensing of the relevant profession.

(B) In the event the Office and the agency with jurisdiction do not agree to any aspects of the report, the report shall incorporate separate responses of the Office and that agency.

(e) [Repealed.]

(f) [Repealed.]

(g) [Repealed.]  (Added 1977, No. 183 (Adj. Sess.), § 1; amended 1981, No. 105, § 2; 1981, No. 227 (Adj. Sess.), § 2; 1985, No. 96, § 3; 1985, No. 255 (Adj. Sess.), § 4; 1989, No. 250 (Adj. Sess.), § 4(d); 1991, No. 241 (Adj. Sess.), §§ 1, 2; 2015, No. 156 (Adj. Sess.), § 1.)