REVISED MODEL STATE ADMINISTRATIVE …

1 REVISED MODEL STATE ADMINISTRATIVE PROCEDURE ACT Drafted by the NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS and by it APPROVED AND RECOMMENDED FOR ENACTMENT IN ALL THE STATES at its ANNUAL CONFERENCE MEETING IN ITS ONE-HUNDRED-AND-NINETEENTH YEAR IN CHICAGO, ILLINOIS JULY 9-16, 2010 WITH PREFATORY NOTE AND COMMENTS COPYRIGHT 8 2010 By NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS October 15, 2010 ABOUT ULC The Uniform Law Commission (ULC), also known as National Conference of Commissioners on Uniform STATE Laws (NCCUSL), now in its 119h year, provides states with non-partisan, well-conceived and well-drafted legislation that brings clarity and stability to critical areas of STATE statutory law.

2 ULC members must be lawyers, qualified to practice law. They are practicing lawyers, judges, legislators and legislative staff and law professors, who have been appointed by STATE governments as well as the District of Columbia, Puerto Rico and the Virgin Islands to research, draft and promote enactment of uniform STATE laws in areas of STATE law where uniformity is desirable and practical. ULC strengthens the federal system by providing rules and procedures that are consistent from STATE to STATE but that also reflect the diverse experience of the states.

3 ULC statutes are representative of STATE experience, because the organization is made up of representatives from each STATE , appointed by STATE government. ULC keeps STATE law up-to-date by addressing important and timely legal issues. ULC s efforts reduce the need for individuals and businesses to deal with different laws as they move and do business in different states. ULC s work facilitates economic development and provides a legal platform for foreign entities to deal with citizens and businesses. Uniform Law Commissioners donate thousands of hours of their time and legal and drafting expertise every year as a public service, and receive no salary or compensation for their work.

4 ULC s deliberative and uniquely open drafting process draws on the expertise of commissioners, but also utilizes input from legal experts, and advisors and observers representing the views of other legal organizations or interests that will be subject to the proposed laws. ULC is a STATE -supported organization that represents true value for the states, providing services that most states could not otherwise afford or duplicate. DRAFTING COMMITTEE TO REVISE MODEL STATE ADMINISTRATIVE PROCEDURE ACT The Committee appointed by and representing the National Conference of Commissioners on Uniform STATE Laws in revising this Act consists of the following individuals: FRANCIS J.

5 PAVETTI, 18 The Strand, Goshen Point, Waterford, CT 06385, Chair JERRY L. BASSETT, Legislative Reference Service, 613 Alabama STATE House, 11 S. Union St., Montgomery, AL 36130 STEPHEN C. CAWOOD, 108 Kentucky Ave., Drawer 128, Pineville, KY 40977-0128 KENNETH D. DEAN, University of Missouri-Columbia School of Law, 116 Jesse Hall, Columbia, MO 65211 BRIAN K. FLOWERS, Council of the District of Columbia, 1350 Pennsylvania Ave. NW, Suite 4, Washington, DC 20004 JOHN L. GEDID, Widener Law School, 3800 Vartan Way, Box 69382, Harrisburg, PA 17106-9382 H.

6 LANE KNEEDLER, 901 E. Byrd St., Suite 1700, Richmond, VA 23219 RAYMOND P. PEPE, 17 N. Second St., 18th Floor, Harrisburg, PA 17101-1507 ROBERT J. TENNESSEN, 2427 W. 21st St., Minneapolis, MN 55405 GREGORY L. OGDEN, Pepperdine University School of Law, 24255 Pacific Coast Hwy., Malibu, CA 90263, Reporter EX OFFICIO ROBERT A. STEIN, University of Minnesota Law School, 229 19th Ave. S., Minneapolis, MN 55455, President BRIAN K. FLOWERS, Council of the District of Columbia, 1350 Pennsylvania Ave. NW, Suite 4, Washington, DC 20004 AMERICAN BAR ASSOCIATION ADVISOR RONALD M.

7 LEVIN, Washington University School of Law, Campus Box 1120, 1 Brookings Dr., St. Louis, MO 63130-4862, ABA Advisor ROSE MARY BAILLY, 80 New Scotland Rd., Albany, NY 12208-3434, ABA Section Advisor LARRY CRADDOCK, 2601 N. Lamar Blvd., Austin, TX 78705-4260, ABA Section Advisor EDWIN L. FELTER, JR., 633 17th St., Suite 1300, Denver, CO 80202, ABA Section Advisor JULIAN MANN III, 1711 New Hope Church Rd., Raleigh, NC 27609-6285, ABA Section Advisor EDWARD J. SCHOENBAUM, 1108 S. Grand Ave. W., Springfield, IL 62704-3553, ABA Section Advisor EXECUTIVE DIRECTOR JOHN A.

8 SEBERT, 111 N. Wabash Ave., Suite 1010, Chicago, IL 60602, Executive Director Copies of this Act may be obtained from: NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS 111 N. Wabash Ave., Suite 1010 Chicago, Illinois 60602 312/450-6600 REVISED MODEL STATE ADMINISTRATIVE PROCEDURE ACT TABLE OF CONTENTS Prefatory Note .. 1 [ARTICLE] 1 GENERAL PROVISIONS SECTION 101. SHORT TITLE.. 7 SECTION 102. DEFINITIONS.. 7 SECTION 103. APPLICABILITY.. 18 [ARTICLE] 2 PUBLIC ACCESS TO AGENCY LAW AND POLICY SECTION 201. PUBLICATION, COMPILATION, INDEXING, AND PUBLIC INSPECTION OF RULEMAKING DOCUMENTS.

9 19 SECTION 202. PUBLICATION; AGENCY DUTIES.. 23 SECTION 203. REQUIRED AGENCY PUBLICATION AND RECORDKEEPING .. 25 SECTION 204. DECLARATORY ORDER .. 26 SECTION 205. STANDARD PROCEDURAL 28 [ARTICLE] 3 RULEMAKING; PROCEDURAL REQUIREMENTS AND EFFECTIVENESS OF RULES SECTION 301. RULEMAKING 30 SECTION 302. RULEMAKING 31 SECTION 303. ADVANCE NOTICE OF PROPOSED RULEMAKING; NEGOTIATED RULEMAKING.. 33 SECTION 304. NOTICE OF PROPOSED RULE.. 34 SECTION 305. REGULATORY ANALYSIS .. 36 SECTION 306. PUBLIC PARTICIPATION .. 37 SECTION 307.

10 TIME LIMIT ON ADOPTION OF RULE.. 39 SECTION 308. VARIANCE BETWEEN PROPOSED AND FINAL 40 SECTION 309. EMERGENCY RULE .. 40 SECTION 310. DIRECT FINAL RULE .. 42 SECTION 311. GUIDANCE DOCUMENT .. 43 SECTION 312. REQUIRED INFORMATION FOR RULE .. 49 SECTION 313. CONCISE EXPLANATORY STATEMENT .. 49 SECTION 314. INCORPORATION BY 50 SECTION 315. COMPLIANCE.. 51 SECTION 316. FILING OF RULE .. 51 SECTION 317. EFFECTIVE DATE OF RULE .. 52 SECTION 318. PETITION FOR ADOPTION OF RULE .. 53 [ARTICLE] 4 ADJUDICATION IN CONTESTED CASE SECTION 401.