Vermont § 3104 - Process for review of regulatory laws

§ 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.)