§ 841. Final proposal

(a) After considering public comment as required in section 840 of this title, an agency shall file a final proposal with the Secretary of State and with the Legislative Committee on Administrative Rules. The Committee may require that the agency include an electronic copy of the final proposal with its filing.

(b) The filing of the final proposal shall include all information required to be filed with the original proposal, suitably amended to reflect any changes made in the rule and the fact that public hearing and comment have been completed.

(1) With the final proposal, the agency shall include a statement that succinctly and separately addresses each of the following:

(A) how the proposed rule is within the authority of the agency;

(B) why the proposed rule is not arbitrary;

(C) the strategy for maximizing public input that was prescribed by the Interagency Committee on Administrative Rules and the actions taken by the agency that demonstrate compliance with that strategy;

(D) the sufficiency of the economic impact analysis; and

(E) the sufficiency of the environmental impact analysis.

(2) When an agency decides in a final proposal to overrule substantial arguments and considerations raised for or against the original proposal or to reject suggestions with respect to separate requirements for small businesses, the final proposal shall include a description of the reasons for the agency's decision.

(c) The Legislative Committee on Administrative Rules shall distribute a copy of the final proposal to:

(1) the chairs of the appropriate standing committees;

(2) each member of the appropriate standing committees who requests a copy of the filing; and

(3) the Chairs of the House and Senate Committees on Government Operations, if the cover sheet accompanying the filing identifies a Public Records Act exemption in the rule.

(d) The chair of a standing committee that considered legislation delegating rulemaking authority and, in the case of rules that create or enlarge the scope of a Public Records Act exemption, the Chairs of the House and Senate Committees on Government Operations, may convene the committee for the purpose of considering a recommended course of action for the Legislative Committee on Administrative Rules. The chair may convene such a meeting, pursuant to 2 V.S.A. § 406, while the General Assembly is not in session. Any recommended course of action shall be filed with the Legislative Committee on Administrative Rules no later than five working days before the Committee has scheduled a review of the proposed rule. (Added 1981, No. 82, § 6; amended 1985, No. 56, § 5; 1989, No. 134 (Adj. Sess.); 1999, No. 146 (Adj. Sess.), § 6; 2001, No. 149 (Adj. Sess.), § 51, eff. June 27, 2002; 2015, No. 3, § 2; 2017, No. 156 (Adj. Sess.), § 2.)