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How the Process Works

PERMANENT REGULATIONS AND EXECUTIVE ORDER 11-02

1.  The agency submits regulations to the Department of Administration Office of Chief Counsel (DOA) for review and approval.

2.  After DOA approval, the agency submits regulations to the Attorney General (AG) for review and approval.

3.  After AG approval, the agency submits two copies of the following to the Secretary of State (SOS):

  a.  Notice of public hearing; 

  b.  economic impact statement; 

  c.  environmental benefit statement, if required; and

  d.  proposed regulations.

4.  At the same time the agency completes step 3, the agency submits one Word document in step 3 to the Citizens Regulatory Review Board (CRRB).

5.  Notice of public hearing is published in the Kansas Register, triggering a 60-day minimum public comment period. 

6.  Before the public hearing, the Joint Committee on Administrative Rules and Regulations reviews and comments on proposed regulations.   

7.  Before the public hearing, the following steps may occur:

a.  CRRB may, in its discretion, review and make comments to the Office of the Governor prior to the date of the public hearing. 

b.  If CRRB exercises its discretion to review the proposed regulations and make comments to the Office of the Governor prior to the date of the public hearing, CRRB will also provide a copy of its comments to the agency.

 8.  The agency holds the public hearing.

 9.  The agency obtains DOA and AG approval for any revisions, adopts, and files with the SOS.

 10.  The regulations are published in the Kansas Register.

 11.  The regulations take effect 15 days after publication in the Kansas Register or at a later date specified in the regulations.

   Note:  New steps are in bold and italic.   

 

TEMPORARY REGULATIONS AND EXECUTIVE ORDER 11-02

 1.  The agency submits regulations to the Department of Administration Office of Chief Counsel (DOA) for review and approval.

2.  After DOA approval, the agency submits regulations to the Attorney General (AG) for review and approval.

3.  After AG approval, the agency submits one Word document of the following to the Citizens Regulatory Review Board (CRRB):

  a.  Summary of each regulation;

  b.  economic impact statement;

  c.  environmental benefit statement, if required; and

  d.  proposed regulations.

4.  The agency adopts the regulations. 

 5.  The agency submits the following to the Secretary of State (SOS):

  a.  The original and eight copies of the regulations; and

  b.  the original and seven copies of the following:

  i.  Adoption document;

  ii.  economic impact statement; and

  iii.  environmental benefit statement, if required.

 6.  Before the date of the State Rules and Regulations Board (SRRB) meeting, the following steps may occur:

a.  CRRB may, in its discretion, review and make comments to the Office of the Governor prior to the date of the SRRB meeting. 

b.  If CRRB exercises its discretion to review the proposed regulations and make comments to the Office of the Governor prior to the date of the SRRB meeting, CRRB will also provide a copy of its comments to the agency.

 7.  At its meeting, SRRB reviews and either approves or denies the regulations.     

 8.  If approved, the SOS will file the regulations.  The effective date of the regulations is either the date on which the SRRB approves the regulations and the SOS files them or a later date stated in the regulations. 

 9.  Temporary regulations continue in effect for not more than 120 days. 

   Note:  New steps are in bold and italic.