No adoption, amendment or repeal of any regulation, except a regulation issued pursuant to subsection (g) of section 4-168, shall be effective until the proposed regulation and any revision of a proposed regulation to be resubmitted to the standing legislative regulation review committee (1) has been submitted electronically to the Attorney General and the version submitted to the Attorney General posted on the eRegulations System by the agency proposing such regulation, and (2) approved by the Attorney General or by some other person designated by the Attorney General for such purpose. The review of such regulations by the Attorney General shall be limited to a determination of the legal sufficiency of the proposed regulation. If the Attorney General or the Attorney General's designated representative fails to give notice to the agency of any legal insufficiency within thirty days of the receipt of the proposed regulation, the Attorney General shall be deemed to have approved the proposed regulation for purposes of this section. The approval of the Attorney General shall be provided to the agency electronically, included in the regulation-making record and submitted electronically by the agency to the standing legislative regulation review committee. As used in this section “legal sufficiency” means (A) the absence of conflict with any general statute or regulation, federal law or regulation or the Constitution of this state or of the United States, and (B) compliance with the notice and hearing requirements of section 4-168.
(1971, P.A. 854, S. 4; P.A. 80-471, S. 3; P.A. 87-589, S. 19, 87; P.A. 88-317, S. 4, 107; P.A. 01-195, S. 74, 181; P.A. 04-58, S. 3; P.A. 10-32, S. 153; P.A. 13-247, S. 30; 13-274, S. 5; P.A. 14-187, S. 4; P.A. 16-58, S. 8.)
History: P.A. 80-471 required that the original, rather than a copy, be submitted to attorney general for approval and then submitted to review committee and defined “legal sufficiency” for purposes of section; P.A. 87-589 substituted reference to Subsec. (e) for reference to Subsec. (b) of Sec. 4-168; P.A. 88-317 made technical changes, effective July 1, 1989, and applicable to agency proceedings commencing on or after that date; P.A. 01-195 made technical changes, effective July 11, 2001; P.A. 04-58 made technical changes; P.A. 10-32 made a technical change, effective May 10, 2010; P.A. 13-247 added provisions requiring electronic submission and approval of proposed regulations and revisions of regulations to be resubmitted, effective July 1, 2014, and applicable to regulations noticed on and after that date; P.A. 13-274 made identical changes as P.A. 13-247, effective July 1, 2014, and applicable to regulations noticed on and after that date; P.A. 14-187 deleted reference to submission of original of proposed regulation, added provision re inclusion of approval in regulation-making record and made technical changes, effective October 1, 2014, and applicable to regulations noticed on and after that date; P.A. 16-58 designated existing provision re electronic submission to Attorney General as Subdiv. (1) and amended same to add provision re version to be posted on eRegulations System, designated existing provision re approval by Attorney General or designee as Subdiv. (2), redesignated existing Subdivs. (1) and (2) re “legal sufficiency” as Subparas. (A) and (B), and made a technical change, effective January 1, 2017, and applicable to regulations noticed on and after that date.
Cited. 165 C. 448; 171 C. 691; 172 C. 263; 173 C. 462; 177 C. 356; 186 C. 153; 187 C. 458; 191 C. 173; Id., 384; 239 C. 32.
Cited. 1 CA 1; 26 CA 132.
Cited. 34 CS 225.