Should the [Revised] Act contain a legislative power for agency rules?
DISCUSSION: The short answer is no. The Work Group understands that the various States use different models as to the details contained in their statutes and regulations and varying degrees of legislative oversight, including variations of the level of approval. If the Committee’s charge is to adopt a revised model act with various options for the States to consider, this is not one that needs to be included. Whether a regulation has been approved or disapproved by the legislature is not an element that requires uniformity, the regulation is either effective or not. Ultimately, if an agency adopts (or proposes) a regulation that the legislative branch determines is not within the legislative intent, the legislature has the power to amend the enabling statute with clarity that forces the agency to use the standard sought by it. RECOMMENDATION: The Work Group recommends that the Committee not adopt any provision related to this issue. 9. Should the [Revised] Act provide that, before a pe
