CS/HB 1355 Summary

• Modifies procedures for challenging proposed and adopted rules, including establishing that petitioners challenging rules bear the initial burden of proof while agencies must then prove rules are valid exercises of delegated legislative authority.

• Requires agencies to publish notices of rule development within 30 days after public hearings and restricts agency reliance on unadopted rules unless rulemaking is infeasible or impracticable.

• Expands attorney fee and cost awards in rule challenges, including eliminating certain exceptions and requiring parties to serve notice of proposed challenges on agencies before petitioning for review.

• Clarifies procedures for challenging unadopted agency statements and allows administrative law judges to determine validity and issue separate final orders on unadopted rules.

• Requires agencies by December 1, 2015, to review and designate rules for which violations would be "minor violations" and issue notices of noncompliance rather than immediate penalties.