Representative Sandridge, bill sponsor, presented SB 18-236. Current law requires that the Department of Regulatory Agencies (DORA) analyze whether to begin (sunrise review) or continue (sunset review) the regulation of a profession or occupation based on several factors. The bill requires DORA to presume that consumers are sufficiently protected by market competition and private remedies, and to create occupational regulations only where the department finds credible evidence of a present, significant, and substantiated harm to consumers.
The bill creates guidelines for DORA to follow when making recommendations to address harm arising from contractual disputes; fraud; unclean facilities or general health and safety issues; a provider's failure to meet contractual obligations or standards; protecting individuals who are not a party to a contract; providers not located in state; and consumer guidance. The bill further requires DORA to recommend only the least restrictive regulation necessary to address the harm.