April 3, 2015

New Report: Mandatory Regulations Not Adopted

OLR Report 2015-R-0078 identifies regulations required by law (i.e., “mandatory regulations”) that agencies have not promulgated to date. This report partially updates OLR Report 2009-R-0218.

By law, state agencies may be authorized or required to adopt regulations, and the Uniform Administrative Procedure Act (UAPA) governs, among other things, the regulation-adoption process (CGS § 4-166 et seq.). By December 1 annually, the UAPA requires each state agency to give the Regulation Review Committee a list of mandated regulations that, as of that date, it failed to either (1) submit to the committee for approval or (2) resubmit after the committee rejected them without
prejudice. By February 15 of the following year, the committee chairpersons must submit to the legislature a compiled list, by agency, of the outstanding mandated regulations (CGS § 4-171).

The Regulation Review Committee reports that, in connection with the December 2014 deadline, it received letters from five agencies. The letters indicated that the agencies have mandatory regulations covering seven subjects that they had not submitted to the committee for approval. It is unclear whether agencies that did not report to the committee may also have outstanding mandatory regulations.

Click here to read the full report.