77-438. Guidance documents.

286 words·~1 min read·/ks/chapter-77/77-438

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)A state agency may issue a guidance document without following the procedures set forth in this act for the adoption of rules and regulations.

(2)For the purposes of this section, "guidance document" means a record of general applicability that:

(A)Is designated by a state agency as a guidance document;

(B)lacks the force of law; and

(C)states:

(i)The agency's current approach to, or interpretation of, law; or

(ii)general statements of policy that describe how and when the agency will exercise discretionary functions.

(b)A guidance document may contain binding instructions to state agency staff members except officers who preside in adjudicatory proceedings.

(c)If a state agency proposes to act in an adjudication at variance with a position expressed in a guidance document, the state agency shall provide a reasonable explanation for the variance. If an affected person in an adjudication claims to have reasonably relied on the agency's position, the state agency's explanation for the variance shall include a reasonable justification for the agency's conclusion that the need for the variance outweighs the affected person's reliance interests.

(d)Each state agency shall:

(1)Maintain an index of all of its currently effective guidance documents;

(2)publish the index on its website; and

(3)make all guidance documents available to the public.

(e)A guidance document may be considered by a presiding officer or agency head in an agency adjudication, but such guidance document shall not bind any party, the presiding officer or the agency head.

(f)Any agency that issues a guidance document shall provide a copy of such document to the joint committee on administrative rules and regulations. Such document may be submitted electronically.