HB 601

Abstract

Administrative Process Act; review of occupational regulations. Creates a procedure by which a person may petitionan agency to review whether an existing occupational regulation isnecessary for the protection or preservation of the health, safety,and welfare of the public and meets other statutorily enumeratedcriteria. The bill also creates a cause of action whereby any personwho is adversely affected or aggrieved by an occupational regulationthat such person believes is not necessary for the protection orpreservation of the health, safety, and welfare of the public ordoes not meet other statutorily enumerated criteria may seek judicialreview of such regulation. The bill provides that the burden of proof shall be upon the party complaining of the occupational regulationto demonstrate by a preponderance of the evidence that the challengedoccupational regulation on its face or in its effect burdens theentry into or participation in an occupation and, thereafter, theburden shall be upon the agency to demonstrate by a preponderanceof the evidence that the challenged occupational regulation is necessaryto protect or preserve the health, safety, and welfare of the publicand complies with certain other statutorily enumerated requirements.The bill provides that if the court finds in favor of the party complainingof the agency action, the court shall declare the regulation nulland void.