§26H‑5  Evaluation; report.  (a) The legislative auditor shall evaluate each board, commission, and regulatoryprogram subject to repeal by section 26H‑4 and shall submit an evaluationreport to the legislature prior to the convening of the regular session of theyear of the repeal date.  The evaluation shall assess whether the regulatoryprogram as established complies with the policies established by section 26H‑2and whether the public interest requires that the law establishing theregulatory program be reenacted, modified, or permitted to expire.

(b)  If the auditor finds that the lawestablishing the regulatory program should be modified, the auditor shallincorporate in the auditor's report, drafts of recommended legislation to beconsidered for enactment and that if enacted, would improve the policies,procedures, and practices of the regulatory program evaluated.  The auditor mayrequest the assistance of the legislative reference bureau in draftingrecommended legislation.  Any other law to the contrary notwithstanding, theauditor may release copies of preliminary reports to the legislative referencebureau if the auditor requests the legislative reference bureau's assistanceunder this subsection.  The legislative reference bureau shall comply with theauditor's request if the auditor provides a copy of the preliminary report tothe bureau at the same time the report is provided to a board, commission, orregulatory program pursuant to subsection (d).

(c)  Each board or commission and the directorshall assist the auditor in collecting and reporting data as the auditor mayrequire to conduct the evaluation.  Even if the auditor finds that the lawestablishing the regulatory program should not be reenacted, the auditor shallevaluate the effectiveness and efficiency of the regulatory program and makeappropriate recommendations to improve the policies, procedures, andpractices.  The legislature may hold a public hearing on each evaluationreport.  If the auditor finds that the law establishing a regulatory programshould be permitted to expire, the auditor shall make recommendations, ifneeded, for appropriate restrictions to be placed on the program subsequent tothe termination of regulation.

(d)  The legislative auditor shall provide eachboard, commission, or regulatory program evaluated pursuant to this chapter notless than thirty days to review and comment upon the evaluation report prior tosubmission of the report to the legislature; provided that if the legislativeauditor fails to provide the thirty-day review and comment period to the board,commission, or regulatory program being evaluated, the law establishing theregulatory program that is subject to repeal shall be automatically reenactedfor a period of one year.  If the legislative auditor receives written commentsfrom the board, commission, or department of commerce and consumer affairs, thelegislative auditor shall append the written comments to each copy of theevaluation report prior to submission to the legislature.

(e)  Except as provided in this chapter, noboard, commission, or regulatory program shall be evaluated automatically bythe auditor.  Nothing in this section is intended to prevent the auditor fromconducting an evaluation of a board, commission, or regulatory program at thespecific request or direction of the legislature. [L 1977, c 70, pt of §2; am L1979, c 121, §2; am L 1980, c 142, §2; am L 1981, c 87, §3; am L 1982, c 204,§8; am L 1986, c 136, §1; am L 1994, c 279, §4]