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LSO finds two substantive rule problems, recommends governor action; most reviews technical
Summary
LSO reported it reviewed just over 100 agency rules in 2025, recommended two substantive objections (one governor rejected, one agency withdrew), and noted common procedural and technical issues including failure to label new rules and strike/underline format problems.
Brian Fuller, LSO deputy legal administrator, presented the administrative review of agency rules covering submissions between Oct. 24, 2024 and Oct. 27, 2025. Fuller reported just over 100 rules were reviewed in calendar year 2025. LSO recommended objections on two rules for substantive concerns: a Business Council rule that would have permitted the Business Council to change required match amounts outside the rules process (the governor rejected that rule), and a Department of Health rule involving incorporation by reference (the agency withdrew the rule).
Fuller said the most common non‑consent issues were failure to identify rules as new, format problems in strike/underline submissions (four instances), and a few procedural deficiencies such as missing statements of reasons or failure to address whether rules exceed minimum statutory requirements. He noted 12 additional minor technical issues (misspellings, missed citations) that did not warrant formal objection.
Fuller also noted one rule removed from a consent list earlier in the year concerning the State Building Commission and concealed firearms; staff followed up and the agency later promulgated rules consistent with statutory authority.
What’s next: LSO will continue to monitor rulemaking and return to Management Council if additional procedural or substantive changes require Council action.
