Committee hears competing measures on agency rule oversight; opponents cite constitutional concerns

Representative Corvaci presented House Bill 5085, a proposal to require General Assembly action to approve final rules promulgated under the Administrative Procedures Act before those rules could take effect. Corvaci said the intent is to ensure agency rules do not exceed the statutory authority delegated by the legislature.

Former Representative Vincent Mazzarella (testifying in support of oversight) argued that agencies can promulgate rules that stray from legislative intent and that the legislature needs visibility and a check on rulemaking. Mazzarella said the problem is timely given debates at the federal level about executive power.

John Marion of Common Cause Rhode Island testified in opposition on constitutional grounds. Marion described the proposal as a legislative veto that conflicts with state precedent and U.S. Supreme Court precedent, noting a past dispute in which the state repealed a legislative veto provision after litigation concerns. Marion and other witnesses supported Representative Corvaci’s fallback, House Bill 5522, which would require agencies to give notice to the General Assembly before and after promulgation so legislators are formally apprised of newly adopted rules.

Committee members debated the practical problem that the General Assembly is a part-time body and cannot always respond immediately to rules promulgated between sessions, which supporters said motivates stronger oversight. Representative Corvaci said he would consider further discussion, including forming a study commission to develop workable oversight tools.

The committee completed testimony; no final vote was recorded at the hearing.