Much like the “Reins Act” introduced by Congress, H.B. 474, sponsored by Representative Ryan Wilcox, would put a stop to the expansion of agency regulatory authority beyond that authorized by law.
As we have written about in the past, agency over-regulation is a frequent issue for businesses who are told they should comply with one regulation or another simply because an agency tells them so. This includes those in fields requiring an occupational license.
If passed, HB 474 would give Utahns a right to petition review of occupational licensing requirements, and receive a response from the Office of Professional Licensure Review within 90 days detailing why the requirements were necessary and not arbitrary and capricious. If such a response is not received, the Office must repeal the requirement or modify it to address the harm petitioned with a less burdensome alternative.
This bill would also set a new standard for agency rulemaking that has a “substantial fiscal impact” on even one individual or entity over a 5-year period. Unless the agency can show that a rule is necessary to implement a law, an agency may not make a rule that has a “substantial fiscal impact.”
