Administrative Rule Review Report  #AR09-011

Legislative Service Office

16-Mar-09

AGENCY: Department of Health

DATE SUBMITTED: February 3, 2009.

SUBJECT: Chapters 1 through 3, Campgrounds and Mobile Homes, (Repeal).

NATURE OF RULES:                     Procedural.

STATUTORY AUTHORITY:         N/A

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.

SUMMARY OF RULES:  The subject rules were promulgated in 1982 by the Department of Health but indexed to the Department of Agriculture in the Secretary of State rules database.  The Attorney General has recently advised the Department of Health that they do not have statutory authority to promulgate the subject rules, and that the statutes cited as authority in the rules do not in fact contain that authority.  The Department of Health is therefore repealing its rules regulating mobile homes and campgrounds.

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

_______________________

Gerald W. Laska

Staff Attorney

_______________________

Lynda Cook

Staff Attorney

GWL/