Effective 28 Aug 2013

*640.026. Enforcement and penalties, list of documents produced for external dissemination — JCAR review, contents. — 1. The department of natural resources shall, by December 1, 2013, and annually thereafter, develop a list of all documents produced for external dissemination, excluding permits, that the department utilizes to implement enforcement actions or penalties levied by the department which have not been established in statute or have not been promulgated pursuant to chapter 536. The list and all documents referenced shall be provided to the joint committee on administrative rules for the purpose of a review, in consultation with the department, to determine if the documents are statements of general applicability that implement, interpret, or prescribe law or policy that should be subject to the rulemaking process prescribed in chapter 536.

2. All documents, excluding permits and rules, produced by the department for external dissemination shall contain:

(1) The name of the department;

(2) The name of the division of the department, if applicable;

(3) The name of the director of the division, if applicable;

(4) The calendar date on which the document was produced; and

(5) A disclosure statement stating: "Nothing in this document may be used to implement any enforcement action or levy any penalty unless promulgated by rule under chapter 536 or authorized by statute.".

3. The list and all documents required by this section to be provided to the joint committee on administrative rules shall be satisfied by providing either physical copies of both a list and all documents, excluding permits, or by providing a list of documents accompanied by a separate uniform resource locator for each listed document.

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(L. 2013 H.B. 28 merged with H.B. 650)

Effective 8-28-13 (H.B. 28); 10-11-13 (H.B. 650)

*H.B. 650 effective 10-11-13, see § 21.250. H.B. 650 was vetoed July 12, 2013. The veto was overridden on September 11, 2013.