Sunset Review Criteria

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Sunset reviews are based on the following statutory criteria:

(I)        Whether regulation by the agency is necessary to protect the public health, safety, and welfare; whether the conditions that led to the initial regulation have changed; and whether other conditions have arisen that would warrant more, less, or the same degree of regulation;

(II)        If regulation is necessary, whether the existing statutes and regulations establish the least restrictive form of regulation consistent with the public interest, considering other available regulatory mechanisms, and whether agency rules enhance the public interest and are within the scope of legislative intent;

(III)       Whether the agency operates in the public interest and whether its operation is impeded or enhanced by existing statutes, rules, procedures, and practices and any other circumstances, including budgetary, resource, and personnel matters;

(IV)       Whether an analysis of agency operations indicates that the agency performs its statutory duties efficiently and effectively;

(V)        Whether the composition of the agency's board or commission adequately represents the public interest and whether the agency encourages public participation in its decisions rather than participation only by the people it regulates;

(VI)       The economic impact of regulation and, if national economic information is not available, whether the agency stimulates or restricts competition;

(VII)      Whether complaint, investigation, and disciplinary procedures adequately protect the public and whether final dispositions of complaints are in the public interest or self-serving to the profession;

(VIII)     Whether the scope of practice of the regulated occupation contributes to the optimum use of personnel and whether entry requirements encourage affirmative action;

(IX)       Whether the agency through its licensing or certification process imposes any sanctions or disqualifications on applicants based on past criminal history and, if so, whether the sanctions or disqualifications serve public safety or commercial or consumer protection interests. To assist in considering this factor, the analysis prepared pursuant to subsection (5)(a) of this section must include data on the number of licenses or certifications that the agency denied based on the applicant’s criminal history, the number of conditional licenses or certifications issued based upon the applicant’s criminal history, and the number of licenses or certifications revoked or suspended based on an individual’s criminal conduct. For each set of data, the analysis must include the criminal offenses that led to the sanction or disqualification.

(X)        Whether administrative and statutory changes are necessary to improve agency operations to enhance the public interest.

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