4th District State Representative Wade Williams
On Wednesday, the House Committee on Licensing, Occupations, and Administrative Regulations approved HB 6, sponsored by 4th District State Representative Wade Williams. The measure would establish limitations on the authority of administrative bodies to promulgate administrative regulations.
In a written statement, Williams said the regulatory environment of a state determines whether it thrives or fails, with regulatory overreach slowing job creation, hampering investment, and stifling economic growth. He explained that HB 6 aims to ensure that administrative bodies are held accountable by preventing them from exercising unchecked regulatory authority.
According to the Legislative Research Commission, the measure would give administrative bodies the authority to promulgate administrative regulations only if the administrative body certifies in the administrative regulation that it will not have a major economic impact, meaning the combined implementation and compliance costs of an administrative regulation are at least $500,000 over any two years, is an emergency administrative regulation that must be put into effect immediately to meet an imminent threat to the public health, safety, or welfare, is necessary to prevent loss of federal or state funds, is necessary to meet a deadline that is established by federal law, federal regulation, or state law, is necessary to comply with a final order from a court of competent jurisdiction, or relates to licensure and regulation of health facilities and services according to statute. Additionally, officials said an administrative regulation filed or promulgated by designated administrative bodies, or by an office, division, or other unit within any of the designated administrative bodies would be required to get the Governor’s certification in addition to the administrative body’s certification that the administrative regulation meets one of the criteria laid out in the provision. If an administrative regulation is filed or promulgated in violation of the provision, it would be null, void, and unenforceable.
Williams, who represents Hopkins County, added that too often, important, costly decisions are made by unelected, unaccountable government officials. He said this legislation seeks to establish clear boundaries on the regulatory powers of administrative bodies, fostering greater transparency and oversight.
