B32A83CF09F50986872584B0005AAA31 Hearing Summary

Thomas Morris, Managing Senior Attorney, Office of Legislative Legal Services, testified before the Committee. Mr. Morris presented the Office's memorandum concerning the contested rule issues of the Director of the Division of Oil and Public Safety in the Department of Labor and Employment concerning explosives regulations.

Representative Weissman and Mr. Morris discussed the statutory rule-making authority of the Division within their own statutory provisions and within the Administrative Procedure Act (APA).

Katie Allison, Senior Assistant Attorney General, and Greg Johnson, Public Safety Manager for the Division of Oil and Public Safety, testified before the Committee. Ms. Allison discussed the history of this rule issue coming before the Committee and Division's belief that the rules do not violate the provisions of the APA.

Senator Lee and Ms. Allison discussed the language of the rule.

Senator Gardner and Ms. Allison discussed how hearings happen after emergency and nonemergency suspensions.

Mr. Morris explained that the rules don't require a hearing unless the premittee requests one and that the APA requires the Division to set a hearing regardless of whether it is requested. Ms. Allison explained that the APA requires a hearing and that the rules don't have to restate everything that is already in the APA.

Representative Soper and Ms. Allison discussed the process of a permit being suspended and a hearing occurring.

Senator Gardner and Ms. Allison discussed the language of the rule and the language of the APA and the differences between them.