HB 2308 — occupational licenses; criminal offense; prohibition

A PETITION SUBMITTED UNDER THIS SUBSECTION MAY NOT BE MORE THAN FIVE DOUBLE-SPACED PAGES.

H.

I.

If the council receives information that alleges an existing agency practice or substantive policy statement may constitute a rule, that a final rule does not meet the requirements prescribed in section 41-1030 or that an existing agency practice, substantive policy statement, final rule or regulatory licensing requirement exceeds the agency's statutory authority, is not specifically authorized by statute or does not meet the guidelines prescribed in subsection G of this section, or if the council receives an appeal under subsection E of this section, and at least three council members request of the chairperson that the matter be heard in a public meeting:

1.

Within ninety days after receiving the third council member's request, the council shall determine whether any of the following applies:

(a) The agency practice or substantive policy statement constitutes a rule.

(b) The final rule meets the requirements prescribed in section 41-1030.

(c) An existing agency practice, substantive policy statement, final rule or regulatory licensing requirement exceeds the agency's statutory authority, is not specifically authorized by statute or meets DOES NOT MEET the guidelines prescribed in subsection G of this section.

2.

Within ten days after receiving the third council member's request, the council shall notify the agency that the matter has been or will be placed on the council's agenda for consideration on the merits.

3.

Not later than thirty days after receiving notice from the council, the agency shall submit a statement of not more than five double-spaced pages to the council that addresses whether any of the following applies:

(a) The existing agency practice or substantive policy statement constitutes a rule.

- 2 - H.B.

2308 (b) The final rule meets the requirements prescribed in section 41-1030.

(c) An existing agency practice, substantive policy statement, final rule or regulatory licensing requirement exceeds the agency's statutory authority, is not specifically authorized by statute or meets the guidelines prescribed in subsection G of this section.

I.

J.

At the hearing, the council shall allocate the petitioner and the agency an equal amount of time for oral comments, not including any time spent answering questions raised by council members.

The council may also allocate time for members of the public who have an interest in the issue to provide oral comments.

J.

K.

For the purposes of subsection H I of this section, the council meeting shall not be scheduled until the expiration of the agency response period prescribed in subsection H I, paragraph 3 of this section.

K.

L.

An agency practice, substantive policy statement, final rule or regulatory licensing requirement considered by the council pursuant to this section shall remain in effect while under consideration of the council.

If the council determines that the agency practice, substantive policy statement or regulatory licensing requirement exceeds the agency's statutory authority, is not authorized by statute or constitutes a rule or that the final rule does not meet the requirements prescribed in section 41-1030, the practice, policy statement, rule or regulatory licensing requirement shall be void.

If the council determines that the existing agency practice, substantive policy statement, final rule or regulatory licensing requirement is unduly burdensome or is not demonstrated to be necessary to specifically fulfill a public health, safety or welfare concern, the council shall modify, revise or declare void any such existing agency practice, substantive policy statement, final rule or regulatory licensing requirement.

If an agency decides to further pursue a practice, substantive policy statement or regulatory licensing requirement that has been declared void or has been modified or revised by the council, the agency may do so only pursuant to a new rulemaking.

L.

M.

A council decision pursuant to this section shall be made by a majority of the council members who are present and voting on the issue.

Notwithstanding any other law, the council may not base any decision concerning an agency's compliance with the requirements of section 41-1030 in issuing a final rule or substantive policy statement on whether any party or person commented on the rulemaking or substantive policy statement.

M.

N.

A decision by the council pursuant to this section is not subject to judicial review, except that, in addition to the procedure prescribed in this section or in lieu of the procedure prescribed in this section, a person may seek declaratory relief pursuant to section 41-1034.

- 3 - H.B.

2308 N.

O.

Each agency and the secretary of state shall post prominently on their websites notice of an individual's right to petition the council for review pursuant to this section.

P.

FOR THE PURPOSES OF THIS SECTION:

1.

"REASONABLE THREAT" HAS THE SAME MEANING PRESCRIBED IN SECTION 41-1093.08.

2.

"SUBSTANTIALLY RELATED" HAS THE SAME MEANING PRESCRIBED IN SECTION 41-1093.08.

Sec.

2.

-2. 4 - H.B.

2308 2.

(b) A dangerous offense as defined in section 13-105, a serious offense as defined in section 13-706, a dangerous crime against children as- defined1 in- sectionH.B. 13-705 or an offense included in title 13, chapter 14 or 35.1, and the conviction has not been set aside.

2308 as defined in section 13-705 or an offense included in title 13, chapter 14 or 35.1, and the conviction has not been set aside.

-1. 5 - H.B.

2308 1.

2.- 2 - H.B.

2308 2.

-Sec. 6 - H.B.

23082. Sec.

3.

review;

procedures;

notice;

1.- 3 - H.B.

2308 1.

IN ADDITION TO OTHER AVAILABLE REMEDIES, AN APPLICANT, LICENSEE, REGISTRANT OR CERTIFICATE HOLDER MAY PETITION THE GOVERNOR'SOFFICE REGULATORYOF REVIEWADMINISTRATIVE COUNCILHEARINGS PURSUANT TO SECTION 41-1033, SUBSECTION H TO REQUEST A REVIEW OF A DENIAL, SUSPENSION OR REVOCATION OF A LICENSE, REGISTRATION OR CERTIFICATE.CERTIFICATE FOR A PRIOR CRIMINAL OFFENSE.

A PETITION SUBMITTED PURSUANT TO THIS SUBSECTION MAY NOT BE MORE THAN FIVE DOUBLE-SPACED PAGES.

REVIEW HEARINGS SHALL BE CONFIDENTIAL AND CONDUCTED IN AN INFORMAL MANNER.

ARTICLE 10 OF THIS CHAPTER DOES NOT APPLY TO REVIEWS REQUESTED PURSUANT TO THIS SUBSECTION.

THISON SECTIONRECEIPT DOESOF NOTA IMPACTPROPERLY ASUBMITTED PERSON'SPETITION RIGHTPURSUANT TO PETITIONSUBSECTION ANB AGENCYOF FORTHIS ASECTION, CRIMINALTHE RECORDOFFICE REVIEWOF PURSUANTADMINISTRATIVE TOHEARINGS SECTIONSHALL 41-1093.04REVIEW ORTHE ANDENIAL, AGENCY'SSUSPENSION REQUIREMENTOR TOREVOCATION AND DETERMINE WHETHER THE PERSON'SOFFENSE CRIMINALIS RECORDSUBSTANTIALLY DISQUALIFIESRELATED TO THE PERSONAPPLICANT'S, FROMLICENSEE'S, OBTAININGREGISTRANT'S OR CERTIFICATE HOLDER'S OCCUPATION OR IF APPROVING OR NOT IMPOSING A DISCIPLINARY ACTION AGAINST THE LICENSE, PERMIT,REGISTRATION OR CERTIFICATE ORWOULD OTHERPOSE STATEA RECOGNITION.REASONABLE THREAT TO PUBLIC HEALTH AND SAFETY.

QUESTIONS FROM THE OFFICE OF ADMINISTRATIVE HEARINGS SHALL BE LIMITED TO ONLY MATTERS SPECIFIED IN THE PETITION.

EACH OCCUPATIONAL OR PROFESSIONAL LICENSING BOARD OR HEALTH PROFESSION REGULATORY BOARD SHALL POST PROMINENTLY ON THE BOARD'S WEBSITE AND ON EACH LICENSE, REGISTRATION OR CERTIFICATE DENIAL A NOTICE OF AN INDIVIDUAL'S RIGHT TO PETITION THE OFFICE OF ADMINISTRATIVE HEARINGS FOR REVIEW PURSUANT TO THIS SECTION.

E.

THIS SECTION DOES NOT IMPACT A PERSON'S RIGHT TO PETITION AN AGENCY FOR A CRIMINAL RECORD REVIEW PURSUANT TO SECTION 41-1093.04 OR AN AGENCY'S REQUIREMENT TO DETERMINE WHETHER THE PERSON'S CRIMINAL RECORD DISQUALIFIES THE PERSON FROM OBTAINING A LICENSE, PERMIT, CERTIFICATE OR OTHER STATE RECOGNITION.

F.

-APPROVED 7BY -THE GOVERNOR APRIL 8, 2024.

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 8, 2024.

- 4 -