LCAR approves deadline extensions for two agency rules, and approves minutes

The Legislative Committee on Administrative Rules voted Jan. 16 to extend adoption deadlines for two agency rules and approved its Jan. 9 meeting minutes.

The committee approved an extension for the Agency of Human Services’ rule on agency designation, granting a new deadline of March 31, 2025, after hearing from Ashley Johns, who identified herself as “a staff attorney with the Agency of Human Services.” Johns told the committee she had mistakenly requested a 30-day extension in the agency’s initial filing and asked for a longer date to accommodate the committee’s 45-day review and the Secretary of State’s 30-day adoption window. “I will say in my extension motion, I made an error. I requested 30 days,” she said.

The committee also granted an extension for the Department of Health’s recovery services organization certification rule. Natalie Weil, who identified herself as “the policy adviser for the Department of Health,” said the rule was omitted from the committee agenda even though the department complied with filing requirements and asked the committee to “grant an extension pursuant to 3 VSA, 843(c)” so the committee could consider the rule at its Feb. 6 meeting or, to be safe, on March 7, 2025. The committee adopted the later March 7 date as the extension deadline.

Both extension requests were moved and adopted by voice vote. The committee also approved the Jan. 9, 2025 minutes on a voice vote earlier in the meeting; the minutes motion was moved by Representative Odie.

Why it matters: Extensions change when rules legally take effect by shifting the committee’s 45-day review window and the Secretary of State’s filing and adoption timelines. Agency staff told the committee the additional time would allow them to address stakeholder comments and complete any needed edits before formal adoption.

Background and details: Johns said the agency’s rule on designation is lengthy, had not been updated since February 2003, and produced “approximately 38 comments” during its public comment period. Weil said the recovery services organization certification rule was ready for committee review but was not included on the Jan. 16 agenda; the requested extension avoids the rule lapsing beyond its statutory window before the committee next meets.

Next steps: Both rules will return to LCAR on the dates granted (Feb. 6 or the March backup dates noted), after which the committee will complete its 45-day review and the Secretary of State will have the statutory period to adopt and file the rules.