Sec. 15.01.13.04. Secretary’s Designee Responsibilities

A. Each Assistant Secretary at the Department is designated as responsible for supervising each unit in the Assistant Secretary’s section that is composed in whole or in part of individuals participating in the occupation or profession regulated by the unit to:

(1) Prevent unreasonable anticompetitive actions by the unit; and

(2) Determine whether an anticompetitive decision or action of the unit furthers a clearly articulated State policy to displace competition in the unit’s regulated market.

B. Each Assistant Secretary is responsible for keeping fully informed of all proposed anticompetitive actions and decisions of any unit subject to this chapter by consulting with both the unit’s Executive Director and legal advisor from the Office of the Attorney General.

C. If the Secretary or the Secretary’s designee finds that a proposed decision or action of the unit with anticompetitive effect may result in an unreasonable restraint on competition or may not further a clearly articulated State policy to displace competition in the regulated marketplace, the Secretary or the Secretary’s designee shall:

(1) Immediately notify the unit not to make a final decision or take the proposed action;

(2) Review the evidentiary record created by the unit, and, if necessary, supplement the evidentiary record of the unit;

(3) Conduct a substantive review of the merits of the unit’s proposed decision or action to consider the anticompetitive consequences of the proposed decision or action as well as any State policy advanced;

(4) Assess whether the unit’s proposed decision or action furthers a clearly articulated State policy to displace competition in the regulated market; and

(5) Issue expeditiously a written decision approving, disapproving, or modifying the proposed decision or action or remanding the proposed decision or action back to the unit for further review before:

(a) A final decision is issued; or

(b) The proposed action is implemented.

(6) A written decision approving an anticompetitive decision or action of a unit shall identify any clearly articulated and affirmatively expressed State policy to displace competition in the regulated market advanced by the proposed decision or action and explain why the decision or action should be approved, notwithstanding the anticompetitive effect.

(7) A written statement disapproving an anticompetitive decision or action shall explain the reasons supporting the decision not to approve the proposed decision or action.

D. The Secretary or the Secretary’s designee may not approve an anticompetitive decision or action of a unit that does not further a clearly articulated State policy to displace competition in the regulated market.