General Administrative Rules (22)
Description:
This building block addresses the formal rulemaking required based on the RUC law as passed. Depending on how the RUC law is written, this may include significant activity, or it may include little to no activity.
Details on Rate Calculation, Enforcement Design, and determining interstate pacts/memoranda of understanding (Interagency Agreements) are covered in separate building blocks, though these may also require formal rulemaking. Formal rulemaking involves making any decisions required by the law and recording them in state regulations. Separate building blocks, such as Establish Business Rules and Operational Policies or Privacy Protection, cover informal rulemaking.
Details:
In general, the law as passed will indicate formal rulemaking, but there may be some cases based on state government procedures that require formal rulemaking even if not explicitly stated. The need for any formal rulemaking should be determined by a lawyer reviewing the language in the Analyze Bill Language and Testimony building block. For all formal rulemaking, ensure state rulemaking procedures are followed.
Primary Use:
Make formal rules, as required by law, about the RUC program.
Best Practices/Lessons Learned:
- Rate setting and enforcement design may be among the most likely elements of a RUC program to require formal rulemaking.
- There is no precedent for formal rulemaking for RUC, aside from Rate Calculation and Enforcement Design, which are covered in separate building blocks.
- Follow all state rulemaking procedures, including all deadlines; requirements to hold public hearings, if any; and requirements to issue requests for comment, if necessary.
- In cases of formal rulemaking, it may be helpful to review any testimony available about the bill.
State Government Context and Assumptions:
The state agency empowered by law should make the rules, following the analysis of the law in the Analyze Bill Language and Testimony building block.