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LCAR reviews emergency housing and notaries memos, asks agency clarifications; committee approves letters and extensions

Legislative Committee on Administrative Rules/LCAR · October 31, 2024

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Summary

Legislative counsel presented LCAR memos on the emergency housing assistance rule and the emergency notaries extension. The committee expressed concern that a resource-exhaustion requirement in emergency housing assistance could hinder transitions to permanent housing and asked the agency to clarify guidance; LCAR also registered concerns about the use of emergency rulemaking for notaries but chose not to object.

Legislative counsel briefed LCAR on two memos concerning emergency administrative rules. First, the counsel summarized testimony about the general assistance emergency housing assistance rule (Emergency Order EO6 implementing Act 113), noting that the rule’s resource-exhaustion requirement may prevent households from saving funds needed to transition to permanent housing. The memo recorded testimony from department staff and legal-aid and homelessness advocates and recommended that the department provide clearer guidance on how applicants can set aside funds for necessary expenses so they are not deemed ineligible.

Committee members edited the draft memo to express LCAR’s "expectation" that the department will provide additional information and clarity to applicants and participants when it files permanent rules. The committee then voted to approve the LCAR letter with those edits.

On the emergency notaries rule (24‑EO‑07), counsel noted that LCAR was "deeply concerned" about repeated use of emergency rulemaking when the committee observed that the COVID-19-era imminent peril justifying earlier emergency rules no longer exists. LCAR concluded the rule appears not to meet the statutory emergency standard but chose not to object; the committee later approved the extension as presented by the Office of Professional Regulation.

Both LCAR actions were recorded by voice vote; the committee asked agencies to respond with clarifications when permanent rules are submitted.