HB1078: HB1078 Georgia Administrative Procedure Act; periodic review and automatic sunset of agency rules; provide

Right now, Georgia agency rules generally stay in effect indefinitely once adopted under the Georgia Administrative Procedure Act (O.C.G.A. Title 50, Chapter 13). This bill would add a new requirement that the Office of Planning and Budget (or another office picked by the Governor) set up a schedule reviewing every agency's rules once every four years, with the first round in 2027. During an agency's review year, it must analyze its own rules, counting how many rules and mandatory requirements exist, estimating compliance costs, identifying the underlying statutes, and judging whether the rules' benefits still justify their costs. Agencies must publish this analysis, take public comment for at least 30 days, and hold at least two public hearings. Any rules scheduled for review that aren't continued or reissued by December 31 of that year are automatically repealed. Agencies that cut their rules, requirements, and word count by 10 percent or more get their next review pushed back two years.

• Creates a new Georgia law (O.C.G.A. § 50-13-24) requiring the Office of Planning and Budget to set a four-year review schedule for all state agency rules, starting in 2027.
• Makes any rule scheduled for review automatically repealed on December 31 of its review year unless the agency formally continues or reissues it.
• Requires each agency to publish a written analysis in its review year covering the number of rules, mandatory requirements, word counts, compliance costs, and legal authority behind its rules.
• Requires agencies to seek public comment for at least 30 days and hold at least two public hearings before continuing or reissuing rules.
• Rewards agencies that cut rules and requirements by 10 percent or more since their last review with a two-year delay before their next review.
• Bars agencies from simply reissuing old rules without critical review, and requires that any continued or reissued rule not increase existing regulatory burdens or costs.

State agencies that write and enforce regulations, the Office of Planning and Budget or the Governor's designee who runs the review process, businesses and individuals who must comply with agency rules, and members of the public who can weigh in through hearings and written comments.

Rules that agencies fail to formally review and continue on schedule would expire automatically, which could remove long-standing regulations from the books if agencies miss deadlines. Businesses and the public would gain new opportunities to comment on and challenge existing rules during scheduled reviews.

• Section 1 adds Code Section 50-13-24, defining 'regulatory requirements' as mandates using words like 'shall,' 'must,' 'may not,' 'required,' and 'prohibited.'
• Subsection (b) requires the Office of Planning and Budget to publish a four-year review schedule for all agencies by July 1, 2026, with first reviews in 2027.
• Subsection (c) makes rules scheduled for review automatically repealed on December 31 of the review year unless continued or repromulgated, and delays the next review by two years for agencies that cut rules and word count by 10 percent or more.
• Subsection (d) lists what each agency's required written analysis must include, such as total rules, compliance costs, and whether less costly alternatives exist.
• Subsection (e) requires the Office of Planning and Budget to create standard analysis forms by October 1, 2027, with agency analyses due by September 1 of the review year and published on agency websites.
• Subsection (f) requires public notice, at least 30 days for public comment, and at least two public hearings completed by July 1 of the review year.
• Subsections (g) and (h) prohibit agencies from reissuing rules without genuine review and require that any continued or reissued rule not increase regulatory burden or cost.

1. 2026-02-02House Second Readers (House)
2. 2026-01-29House First Readers (House)
3. 2026-01-28House Hopper (House)

• Scott Hilton (R, HD-048)Primary sponsor
• Steve Tarvin (R, HD-002)
• Mitchell Horner (R, HD-003)
• Carter Barrett (R, HD-024)
• Alan Powell (R, HD-033)
• Holt Persinger (R, HD-119)

• government regulation
• administrative rules
• state agencies
• public comment process
• regulatory reform