STATE AGENCY ACTION

BACKGROUND

After a bill is passed, the enforcing state agency is in charge of creating rules to enforce the new law.  The agency will draft the rules and then have a public comment period and possibly a public hearing before passing them.  Proposed rules are often published on the agency website with deadlines for comments and sometimes a public hearing date. 

Unlike the state legislature that only meets during specified sessions, state agencies can meet all year long.  During this time, state agencies can constantly modify their rules and create new rules for consideration to the extent that they are allowed by law.  For instance, if the law gives them the authority to regulate a specific list of animals with no option for the agency to add new ones, then they can only create rules for those specific animals.  If a law gives them authority to add new species, you must continually monitor for proposed rule changes to add other species.


STEPS

  •  Analyze the proposed rule.  Carefully read through the rule, being sure to note any areas of concern.  Evaluate it to see if every term is properly defined, and if there is any generic wording that would be open to interpretation by the agency officials.  


  •  Post comments. Most state agency websites have a place to post comments on proposed rules online.  If not, then there will be contact information in the proposed rule listing, and you will have to send your comment via the listed method.  Write a comment based on the impact it will have on you personally, and back it up with credible evidence. 


  •  Public Hearing.  Some rules will have a public hearing.  If your rule does, it is important for you to prepare much like you do for a state bill testimony.