Originally published: . Volume 12, No. 8. Source pages: 7.
Voluntary Participation Act 399 Creates Occupational Licensing Board Review Program with Attorney General Oversight of Boards' Rules and Disciplinary Actions
Representative Butler's House Bill 398 was signed by the Gov. into Act 399. The new law creates the Occupational Licensing Board Review Program within the Department of Justice.
The text of Act 399 notes, "It is the policy of the state that where the state finds it necessary to displace competition, occupational licensing boards shall use the least restrictive regulation to protect the public from present, significant, and substantiated harms that threaten public health, safety, or welfare. Active state supervision of occupational regulatory actions is a method of ensuring adherence to participating boards and board members will avoid liability under federal antitrust laws." The program’s purpose is to provide review of occupational regulations and relevant proposed disciplinary actions of a state occupational licensing board and is voluntary and optional for occupational licensing boards. Boards and/or commissions may submit administrative rules and regulations and proposed disciplinary actions to the AG’s office for review.
The new law provides that occupational licensing boards shall use the least restrictive regulation to protect the public from present, significant, and substantiated harms that threaten public health, safety, or welfare when the state finds it necessary to displace competition. Boards and board members participating in the Occupational Licensing Review Program will avoid liability under federal antitrust laws.
The attorney general shall have the authority to enter into an agreement to provide active supervision of proposed occupational regulations and proposed anti-competitive disciplinary actions of a state occupational licensing board.
Participating licensing boards shall pay to the Dept. of Justice (the department) annually the amount set forth in the agreement. The new law provides that the dollar amount in the agreement shall be equal to or less than the number of licensees multiplied by 10.
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