Administrative Rules Review to Consider the Use of “Liberally Construed”

November 9, 2009
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Staff to the Legislature’s Administrative Rules Review Committee distributed an e-mail on Friday, November 6, 2009 that contained the following:

In its November 24 meeting, the Legislature’s Administrative Rules Review Committee will discuss the use of “liberally construed” in both administrative rule and statute.

The discussion will focus on the purpose served by the phrase, under what circumstances it may be acceptable to continue using the phrase, and whether some or all uses of the phrase should continue or be repealed. If you have interest in this issue, you are invited to participate in the discussion.

Whether or not your agency’s rules or statutes use “liberally construed,” you are welcome to attend and participate.

With this e-mail, staff provided two documents that detail the use of the phrase “liberally construed” in statute and rule.  Staff provided the following clarification in the e-mail: “Please note that the uses of this phrase in interstate compacts are not included.  Uses of the phrase related to local governments, however, are included for purposes of this discussion.”

Questions may be directed to Mr. Art Hunsaker at 801-538-1032.