Escaping the Labyrinth: A Practical Guide to Rulemaking

In Greek mythology, the labyrinth was a complex structure holding the Minotaur. Navigating rulemaking can be just as tricky. Here’s a guide to the process:

1. Notice of Rule Development: First step in making a new rule or changing an existing one. Agencies have to publish a notice in the Florida Administrative Register, explaining the purpose of the rule and how the public can get a copy.

2. Rule Development Workshop: Agencies can hold a workshop if requested by someone affected, but it’s not required. If it happens, there has to be 14 days’ notice in the Florida Administrative Register.

3. Timeframe: There’s no set time for how long an agency has to wait before publishing the notice of proposed rulemaking, but it must come after the notice of rule development.

That’s it! A notice of proposed rulemaking is required before a new rule is adopted, changed, or removed. The notice must explain the purpose and effect of the rule, summarize the rule, and provide the text of the rule. It must also explain how to request a public hearing and how to submit comments. The agency must also provide information about the costs of the rule and whether it needs approval from the legislature. The agency head must approve the notice, and the notice must be filed with the Joint Administrative Procedures Committee to review before the rule can be adopted. When an agency wants to make a new rule, they have to give the public a chance to speak up about it. If someone asks for a meeting about the rule, the agency has to have one within 21 days. The meeting is for the agency to learn about the rule and for people to give their opinions. The agency can also have a meeting even if no one asks for it. At the meeting, the agency has to explain the rule and answer questions. They may have multiple meetings about the rule. If the agency needs to change the rule, they have to tell a certain group about it. If the changes are small, they just have to give notice. If the changes are big, they have to publish a notice and get feedback from the public. Once they’re done with all the meetings and changes, the agency can officially adopt the rule and it becomes a law. There are deadlines for all these steps, and the agency has to follow them. If they miss a deadline, they have to start over. If a government agency wants to make a new rule, it has to follow certain rules itself. For example, the agency can only make rules if it has the authority to do so under the law. Also, the agency can’t make a rule that changes the law or adds new requirements without permission from the legislature. And the agency can’t make rules that include penalties unless the law specifically allows it. Additionally, if the agency wants to use someone else’s rules or guidelines in its own rules, it has to follow certain procedures. If the agency doesn’t follow these rules, its new rule might not be valid. When creating a rule, it’s important to follow the rules set out in Florida Chapter 120. If a form is being used in the rule, it must be specifically incorporated by reference and the rule must explain how to get the form. Also, the rule cannot give the agency too much power to make decisions without clear guidelines. It’s important to follow the rules closely to avoid problems with the rulemaking process. Florida law requires specific procedures for creating new rules. Emergency rules and rules adopting federal standards do not need a notice of rule development. The template for a notice of rule development can be found in the Florida Administrative Code. There are also rules for a notice of proposed rulemaking, including requirements for public hearings. Individuals affected by a proposed rule can challenge it by filing a petition. The agency must request certification before filing the rule for adoption. These are references to specific sections of Florida law (Fla. Stat.) related to the process of creating and enforcing rules and regulations. The references point to cases, laws, and important legal principles that are used in the legal system. In a legal case, it was noted that an agency can only impose sanctions if it has been given the specific authority to do so. There are certain statutes that outline the rules for imposing sanctions. This information is shared by Jowanna Nicole Oates, who is a chief attorney. The views expressed in this article are the author’s own and not necessarily those of the organization she works for. This article is submitted on behalf of a legal section with Richard Jerome Shoop as the chair and Stephen Emmanuel as the editor.

Source: https://www.floridabar.org/the-florida-bar-journal/escaping-the-labyrinth-a-practical-guide-to-rulemaking/