Alaska State Legislature

News From The House Majority

Ken Freeman, Press Secretary
State Capitol
Juneau, AK 99801
phone: (907) 465-3804
web site: http://www.akrepublicans.org
Actuality line: 1-800-478-6540

Measure Seeks to Streamline State Regulatory Process

For Immediate Release: May 1, 1997 Contact: Rep. Jeannette James (907) 465-3743

JUNEAU - Legislation to streamline the regulatory process carried out by state agencies in Alaska and encourage business and economic development was introduced in the House of Representative Friday, April 25, 1997.

"The citizens of Alaska are clamoring for the Legislature to do something about the regulation process, negotiated regulation making addresses the issue on point," said Representative Jeannette James, Chair of the Legislature Regulatory Review Committee which is sponsoring this measure.

House Bill 264 enables and encourages negotiated regulation/rule making. Negotiated regulation is a voluntary process for drafting regulations that brings together those parties who would be significantly impacted by a regulation.

James noted that the process assures all parties, including the state agency, reach a decision on some or all of its aspects before the rule is formally published as a proposal. Currently, negotiated regulation making is in use by the Federal government, and the States of Montana and Nebraska.

Negotiated regulation making is used only in cases involving very complex or controversial regulations. An impartial mediator is used to facilitate intensive discussions among the participants, who operate as a committee open to the public.

Regulations drafted using this process tend to be more technically accurate and workable, clear and specific, and less likely to be challenged in administrative appeal on litigation than are rules drafted by the agency alone without input from outside parties. The Administrative Procedures Act (APA) notice process is unchanged.

The negotiated regulation making process costs more money at the front end than the traditional approach because of the added cost for a facilitator. In addition, agency personnel must work closely as a team with outside party representatives and their time must be dedicated to the project if it is to succeed.

"The advantages clearly outweigh these considerations, however. Because representatives of all the interested parties draft the regulation, the formal process of public notice and comment is generally very smooth and very few comments and concerns are raised in that process," said James.

"More importantly, lengthy regulation litigation is generally reduced and compliance with the rule is believed to be much higher. Thus, agency long-term costs of litigating rules and enforcing standards are sharply reduced," James said.

"In negotiated regulation making, the parties are brought together for simultaneous discussion and consideration of particular issues at the beginning of the process," said James.

James said HB 264 will be worked on during the interim by the House State Affairs committee. She noted that the Committee will work to develop a bill that can supported by both the Legislature and Administration.

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