Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation. All of the following apply to the promulgation of a rule interpreting the provisions of a statute enforced or administered by an agency:
1. A statutory or nonstatutory provision containing a statement or declaration of legislative intent, purpose, findings, or policy does not confer rule-making authority on the agency or augment the agency's rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature.
2. A statutory provision describing the agency's general powers or duties does not confer rule-making authority on the agency or augment the agency's rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature.
3. A statutory provision containing a specific standard, requirement, or threshold does not confer on the agency the authority to promulgate, enforce, or administer a rule that contains a standard, requirement, or threshold that is more restrictive than the standard, requirement, or threshold contained in the statutory provision.
4. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
The department will spend approximately 2,000 staff hours for rulemaking. The department may form an advisory committee to assist in developing the rule.
5. List with description of all entities that may be affected by the proposed rule:
The entities that may be affected by the proposed rule are PCAs, PCA staff and employees, PCA governing bodies, clients of PCAs, and client representatives.
6. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
There appear to be no existing or proposed federal regulations that address the activities to be regulated by the proposed rule.
7. Anticipated economic impact of implementing the rule:
The proposed rule is anticipated to have little to no economic impact if promulgated. The proposed rule will have an impact on small businesses.
Contact Person:
Pat Benesh, Division of Quality Assurance
608-264-9896
