It shall be the duty of all agencies to review their regulations every five (5) years to assess if the same effectively further the public policy of the agency or the legislation pursuant to which the regulations were approved. At the time of the approval of this act, all agencies shall initiate the review process of their regulations. However, if the regulations of an agency have been approved for less than five (5) years, and have not been affected by a recent act, said agency shall not be compelled to review the regulations until the term of five (5) years since its approval has elapsed.
(1) The regulations that by provisions of law or amendment to the organic act of the agency or administrative entity are directed to be reviewed prior to the periodic review herein provided, the term of five (5) years established for the periodic review shall begin as of this last review.
(2) Upon the conclusion of the review, if it is determined that there is no need to amend the regulations, a notice shall be published in two newspapers of general circulation to invite the interested community to remit their comments, in writing, in a period of thirty (30) days counting from the last notice. Once the determination as to the fact that it is not necessary to amend the regulations is final, the agency or administrative entity shall certify the effectiveness of the present regulations to the Department of State on or before ten (10) days as of the decision. If it is concluded that amendments to the regulations are needed, the process shall be conducted in accordance to the provisions of §§ 2121—2128 of this title.
(3) Any regulations that in the process of review, whether by provision of law or by amendment to the organic act of the agency or administrative entity, are repealed, shall be included in the compilation of regulations in disuse that shall be presented to the Certificates and Regulations Division of the Department of State, together with the certification of effectiveness of the current regulations or of the filing of a new regulations.
History —Aug. 12, 1988, No. 170, added as § 2.19 on Feb. 11, 2008, No. 4, § 1.