Required Information for Proposed Regulation

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  5. Required Information for Proposed Regulation

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Applicant groups and other interested parties shall explain in writing each of the following factors to the extent requested by the council and the legislative committee of reference:

  1. A definition of the problem and why regulation is necessary:
    1. The nature of the potential harm to the public if the business or profession is not regulated, and the extent to which there is a threat to public health and safety; and
    2. The extent to which consumers need and will benefit from a method of regulation identifying competent individuals engaged in the business or profession;
  2. The efforts made to address the problem:
    1. Voluntary efforts, if any, by members of the business or profession to establish a code of ethics or help resolve disputes between the business or professional group and consumers; and
    2. Recourse to and the extent of use of applicable law and whether it could be strengthened to control the problem;
  3. The alternatives considered:
    1. Regulation of business or professional employers rather than employees;
    2. Regulation of the program or service rather than the individuals;
    3. Registration of all individuals;
    4. Certification of all individuals;
    5. Other alternatives;
    6. Why the use of the alternatives specified in this paragraph would not be adequate to protect the public interest; and
    7. Why licensure would serve to protect the public interest;
  4. The benefit to the public if regulation is granted:
    1. The extent to which the incidence of specific problems present in the unregulated business or profession can reasonably be expected to be reduced by regulation;
    2. Whether the public can identify qualified individuals;
    3. The extent to which the public can be confident that regulated individuals are competent:
      1. Whether the proposed regulatory entity would be a board composed of members of the profession and public members, or a state agency, or both and, if appropriate, their respective responsibilities in administering the system of certification or licensure, including the composition of the board; the powers and duties of the board or state agency regarding examinations, investigations, and the disciplining of certified or licensed individuals; the promulgation of rules and a code of ethics; and how fees would be levied and collected to cover the expenses of administering and operating the regulatory system;
      2. If there is a grandfather clause, whether such individuals will be required to meet the prerequisite qualifications established by the regulatory entity at a later date;
      3. The nature of the standards proposed for certification or licensure as compared with the standards of other jurisdictions;
      4. Whether the regulatory entity would be authorized to enter into reciprocity agreements with other jurisdictions; and
      5. The nature and duration of any training and whether applicants will be required to pass an examination; and, if an examination is required, by whom it will be developed and how the cost of development will be met; and
    4. Assurance to the public that regulated individuals have maintained their competence:
      1. Whether the certification or license will carry an expiration date; and
      2. Whether renewal will be based only upon payment of a fee or whether renewal will involve reexamination, satisfactory completion of continuing education, peer review, or other enforcement;
  5. The extent to which regulation might harm the public:
    1. The extent to which regulation might restrict entry into the business or profession and whether the proposed standards are more restrictive than necessary to ensure safe and effective performance; and
    2. Whether there are similar professions to that of the applicant group which should be included in, or portions of the applicant group which should be excluded from, the proposed legislation;
  6. A description of the group proposed for regulation, including a list of associations, organizations, and other groups representing the business or profession in this state, an estimate of the number of individuals in each group, and whether the groups represent different levels of business or professional activity;
  7. The expected cost of regulation:
    1. The impact regulation might have on the costs of service to the public;
    2. The impact regulation might have on various types of insurance; and
    3. The initial and long-term cost to the state and to the general public of implementing the proposed legislation; and
  8. Any additional information requested by the council or the legislative committee of reference.

(Code 1981, §43-1A-7, enacted by Ga. L. 1986, p. 803, § 1; Ga. L. 2010, p. 376, § 1/SB 149.)


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