Committee debates whether a 'regulation' is a chapter or a section of the Administrative Code
Members and DPB staff discussed whether the APA's use of the word 'regulation' should mean an entire code chapter or individual sections. DPB warned that treating sections as separate regulations would dramatically increase periodic-review workload and suggested clarifying language such as 'regulatory action.'
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Committee members debated how the APA uses the term "regulation" and whether that term should be interpreted to mean an entire chapter of the Administrative Code or individual sections. Ashley Colvin (DPB) said practitioners historically have treated a "regulation" as a chapter and cautioned that if each individual section counted as a regulation the agency workload could multiply. "I can tell you that if the sections are in fact regulations, then the 357 periodic reviews that the attorney general's office has on their pending list as of today would increase by a factor of 10 or 20," Colvin said, explaining the practical consequences.
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