Connecticut Administrative Code › Title 22a - Environmental Protection › 3a - Rules of Practice › Section 22a-3a-3 - Regulation-making

Current through July 10, 2024
(a)
Advance notice of regulation-making
Any person may request that the Department provide advance
				notice by mail of regulation-making proceedings. A request for advance notice
				shall be for either (1) all regulation-makings initiated by the Department or
				(2) all regulation makings initiated by a particular Bureau of the Department.
				The fee for provision of advance notice of all Department regulation-makings
				shall be $50.00 per person per calendar year or part thereof, and the fee for
				provision of advance notice of all regulation-makings of a particular Bureau
				shall be $25.00 per person per calendar year or part thereof. A request for
				advance notice shall be accompanied by a check or money order for such amount
				payable to the Department of Environmental Protection, provided that the fee
				shall be waived when (1) the person making the request is an indigent
				individual or (2) in the Commissioner's judgment, the request is in the public
				interest because it is likely to contribute significantly to public
				understanding of the operations and activities of the Department and is not
				primarily in the commercial interest of the requester. A request for advance
				notice shall be made in writing and directed to the Director of Education and
				Publications in the Department's Bureau of Environmental Services. A request
				for advance notice shall be effective only for the calendar year in which it is
				made and shall expire on December 31.
(b)
Regulation-making record
The regulation-making record shall contain, though it need not
				be limited to, the items referred to in section
				4-168b
				of the General Statutes.
(c)
Petitions for
			 regulation-making
Any person may, pursuant to section
				4-174 of
				the General Statutes, petition the Commissioner in writing to adopt, amend, or
				repeal a regulation. The petition shall set forth the text of a proposed
				regulation or amendment and shall state with particularity the reasons for the
				petition. The petition shall be signed by the petitioner or by his attorney or
				other representative, if any, and shall contain the address and telephone
				number of the petitioner and of his attorney or other representative, if any.
				The petition shall be directed to the Commissioner and shall be delivered
				personally or by mail.
(d)
Procedures for regulation-making
(1) Notice of intent to adopt, amend, or
			 repeal a regulation shall be provided in accordance with sections
			 4-168
			 and
			 22a-6
			 of the General Statutes and any other applicable law. The Commissioner may
			 provide any additional notice which he deems appropriate.
(2) If a hearing is held in a
			 regulation-making, the hearing officer shall conduct the hearing so as to
			 afford any interested person a reasonable opportunity to present oral or
			 written comments. Any person who presents oral comments shall provide his name
			 and address to the hearing officer. The hearing officer may exclude irrelevant
			 and unduly repetitious comments, and may limit oral comments to a reasonable
			 time period so that all those present may be heard. The hearing officer may
			 question or request further information from any commenter.
(3) Whether or not a hearing is held, any
			 person may file written comments on a proposed regulation. Written comments
			 shall be filed within the time allowed in the notice published pursuant to
			 subdivision (1) of this subsection or such additional time as may be allowed by
			 the hearing officer. Written comments shall include the name, address, and
			 telephone number of the commenter and his attorney or other representative, if
			 any.
(4) Any person who does not
			 comment orally or in writing but who wishes to receive notice pursuant to
			 section
			 4-168(d)
			 of the General Statutes of the Department's action on the proposed regulation
			 may file a written request for such notice with the hearing officer, including
			 in the request his name and address.
(5) Following the submission of any timely
			 oral and written comments, the Department shall prepare (A) the final wording
			 of the proposed regulation, (B) a statement of the principal reasons in support
			 of the Department's intended action, (C) a statement of the principal
			 considerations raised in opposition to the Department's intended action in
			 written and oral comments and the reasons for rejecting such considerations,
			 and (D) a revised fiscal note, as necessary.
(6) The Department shall give notice as
			 required by subsection (d) of section
			 4-168
			 of the General Statutes and proceed in accordance with sections
			 4-169
			 through
			 4-173
			 of the General Statutes.