Thank you for your feedback. I appreciate your point of view but feel you have probably been misinformed about the content of HJR 57 - which would place the Joint Committee on Administrative Rules in our state constitution and set up very limited circumstances for legislative review of administrative rules where there is one of the following:
1. An absence of statutory authority for a rule;
2. A rule that is in conflict with state law;
3. A rule that is so arbitrary and capricious as to create such substantial inequity as to be unreasonably burdensome on persons affected;
4. A rule that is likely to substantially endanger the public health, safety, or welfare;
5. A rule that is excessive because it exceeds the purpose, or is more restrictive than is necessary to carry out the purpose, of the statute granting rulemaking authority, or
6. A substantial change in circumstance has occurred since enactment of the law upon which the proposed rule is based as to result in a conflict between the purpose of the law and the proposed rule, or as to create a substantial danger to public health and welfare.
This legislative review is subject to two additional checks. First, a decision by JCAR to invalidate a rule must be approved by 3/5ths of both chambers of the General Assembly. Second, the decision is subject to judicial review - with a de novo standard of review for the first 3 reasons, and a rational basis review standard for reasons 4 through 6.
To my knowledge, there isn't a single rule of the Dep't of Conservation that would be in danger of being set-aside as a result of this statute. Contrary to emails you may have received, there's nothing in this provision which would prevent Conservation from regulating hunting seasons.
Sincerely,
Jay Barnes
Got this from the sponsor