Since I recently attended a hearing on fracking disclosure in Denver, I got curious about the process of informing the public about proposed rules, and how the public is involved in the rulemaking. This curiosity stemmed from my observation that the Colorado Oil and Gas Conservation Commission didn’t seem to take comments from the public very seriously at the hearing I attended. Of all the comments made, only one agreed with the industry’s position, yet it appeared that the Commission was mostly made up of people who had been captured by the industry.
So, here’s the scoop, Betty Boop:
The process is governed by the Administrative Procedure Act. (linked below)
Regulators are cautioned to consider both the public interest and the economic impact of all rules.
The rules in the Administrative Procedure Act don’t apply to the legislative branch of government, the judicial branch, educational institutes, or the National Guard.
If the agency proposing the rule thinks that it might have a negative impact on a small business, defined as having fewer than 500 employees, they must commence a cost benefit analysis at least 20 days prior to the hearing date. The analysis must be completed at least 5 days prior to the hearing and be made available to the public.
Notice of the hearing must be made public at least 20 days prior to the scheduled date.
The agency is required to consider all comments made regarding the proposed rule. Any proposed amendments must be made public at least five days prior to the hearing.
A rule can only be approved if the hearing demonstrates that the rule is necessary; statutory authority exists for the rule; the rule is stated in a manner that makes it easy for anyone to understand; the rule is not inconsistent with other laws; and any duplication of rules must be explained by the agency.
The agency has 180 days after a rule-making hearing to either adopt a new rule or reject the proposed rule.
Any person can request an analysis of the proposed rule at least 15 days prior to the hearing. The analysis should contain a description of who would benefit and who would pay the costs of any proposed rule; the costs to the agency for enforcement of the rule; the costs and benefits of not approving the rule; and a discussion of less costly courses of action. This analysis must be available to the public at least 5 days prior to the hearing.
An approved rule becomes effective 20 days after publication.
No rule can be finalized without it being first submitted to the Attorney General for his/her review.
The agency must maintain records of the rule making process.
There is an appeal process for parties who have “standing” in the rule making process.
Homework
Colorado Hearing Rules
Sign Up to get Notices of All Rulemaking in Colorado
So, here’s the scoop, Betty Boop:
The process is governed by the Administrative Procedure Act. (linked below)
Regulators are cautioned to consider both the public interest and the economic impact of all rules.
The rules in the Administrative Procedure Act don’t apply to the legislative branch of government, the judicial branch, educational institutes, or the National Guard.
If the agency proposing the rule thinks that it might have a negative impact on a small business, defined as having fewer than 500 employees, they must commence a cost benefit analysis at least 20 days prior to the hearing date. The analysis must be completed at least 5 days prior to the hearing and be made available to the public.
Notice of the hearing must be made public at least 20 days prior to the scheduled date.
The agency is required to consider all comments made regarding the proposed rule. Any proposed amendments must be made public at least five days prior to the hearing.
A rule can only be approved if the hearing demonstrates that the rule is necessary; statutory authority exists for the rule; the rule is stated in a manner that makes it easy for anyone to understand; the rule is not inconsistent with other laws; and any duplication of rules must be explained by the agency.
The agency has 180 days after a rule-making hearing to either adopt a new rule or reject the proposed rule.
Any person can request an analysis of the proposed rule at least 15 days prior to the hearing. The analysis should contain a description of who would benefit and who would pay the costs of any proposed rule; the costs to the agency for enforcement of the rule; the costs and benefits of not approving the rule; and a discussion of less costly courses of action. This analysis must be available to the public at least 5 days prior to the hearing.
An approved rule becomes effective 20 days after publication.
No rule can be finalized without it being first submitted to the Attorney General for his/her review.
The agency must maintain records of the rule making process.
There is an appeal process for parties who have “standing” in the rule making process.
Homework
Colorado Hearing Rules
Sign Up to get Notices of All Rulemaking in Colorado
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