HB 5731 Summary

• Replaces "shall" with "must" throughout administrative procedures language for consistency and clarity in rule-making requirements.

• Prohibits agencies from adopting rules more stringent than applicable federal standards unless the agency director determines there is clear and convincing need, with this requirement applying whether or not federal mandates exist.

• Requires agencies to include specific justification in regulatory impact statements when proposing rules exceeding federal standards, including statement of facts establishing clear and convincing need and explanation of unique state characteristics necessitating stricter standards.

• Clarifies that guidelines, operational memoranda, bulletins, and interpretive statements are non-enforceable and advisory only, and cannot be used by agencies or courts to support agency decisions subject to judicial review.

• Takes effect February 1, 2015.