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This entry was published on 2014-09-22
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SECTION 206
Overlapping regulations; compliance determinations
State Administrative Procedure Act (SAP) CHAPTER 82, ARTICLE 2
§ 206. Overlapping regulations; compliance determinations. 1. It is
the declared policy of this state to protect and encourage jobs,
investment and economic activity and to promote the public health,
safety and welfare by administering all regulatory requirements imposed
by the state in a fair and reasonable manner.

2. Any person subject to a requirement imposed by a state statute or
rule and to a similar requirement imposed by the federal government, may
pursuant to section two hundred four of this chapter, petition the
agency administering the state requirement for a declaratory ruling as
to whether compliance with the federal requirement will be accepted as
compliance with the state requirement. Upon receipt of such petition,
the agency shall submit a copy thereof to the office of business permits
and regulatory assistance.

3. If the agency determines that compliance with the federal
requirement would not satisfy the purposes or relevant provisions of the
state statute involved, the agency shall so inform the petitioner in
writing stating the reasons therefor and may issue a declaratory ruling
to that effect. A copy of such written statement of reasons and any such
declaratory ruling shall be submitted by the agency to the office of
business permits and regulatory assistance.

4. If the agency determines that compliance with the federal
requirement would satisfy the purposes and relevant provisions of the
state statute involved but that it would not satisfy the relevant
provisions of the state rule involved, the agency shall so inform the
petitioner and the office of business permits and regulatory assistance
and may initiate a rulemaking proceeding in accordance with this chapter
to consider revising such rule to accept compliance with such federal
requirement in a manner that is consistent with the requirements and
purposes of the state statute.

5. If the agency determines that compliance with the federal
requirement would satisfy the purposes and relevant provisions of the
state statute involved, and that it would satisfy the relevant
provisions of the state rule involved, the agency shall issue a
declaratory ruling indicating its intention to accept compliance with
the federal requirement as compliance with the state requirement, and
the terms and conditions under which it intends to do so. A copy of such
declaratory ruling shall be submitted by the agency to the office of
business permits and regulatory assistance.

6. The office of business permits and regulatory assistance may
consider agency compliance with this section when performing its review
function under section two hundred two-c of this chapter.