House amends rules on emergency regs

The House of Representatives passed a measure intended to stop the abuse of emergency regulations after a review disclosed that these regulations are being used beyond their intended purposes.

Also, the House Committee on Judiciary and Governmental Operations said the term “public interest” has been expansively used to justify the adoption of regulations that are clearly not of an urgent nature.

In 2003, the more notable emergency regulations that were issued numbered 11, including amendments to the Solid Waste Collection Disposal Regulations, the creation of a program for dog control, the Group Health Insurance Program, the annual leave provision section of the Excepted Service Personnel Regulations, the Election Commission’s regulations, the Bureau of Taxicab regulations, the immigration regulations and the reallocation of nonresident workers quota in the garment industry.

The committee also found that such regulations have sprung up from a variety of situation and for a variety of reasons, including situations when the basis for the emergency rule is created by the agency alone.

To prevent further misuse of regulatory guidelines under the Administrative Procedure Act, the House passed Friday House Bill 14-139, which requires that, an agency could only proceed with the adoption of emergency regulations without prior notice or hearing if:

• it finds an imminent peril to the public health or safety;

• the adoption of a regulation will be fewer than 30 days’ notice;

• the agency states in writing its reason for the emergency regulations; and

• it has the concurrence of the governor.

The measure added that the regulation may be effective for a period of not longer than 120 days but the adoption of identical regulations is not precluded.

According the Rep. Jesus Lizama, author of the bill, the measure was in response to reports of alleged misuse of emergency regulations, where responsible agencies promulgate unnecessary or non-emergency rules and regulations under the pretext of emergency regulation.

“It is the purpose of this act to rectify this abuse by amending the current statute to provide a stricter guideline,” said the lawmaker.

If passed into law, agencies and departments would issue emergency regulations upon a finding that an imminent peril to the public health or safety so requires the adoption of a regulation fewer than 30 day’s notice.