|(a) The division shall conduct a thorough, independent
review of each proposed rule submitted to the division under §5.204
of this subchapter to determine:
(1) if the effect of the proposed rule on market competition
is consistent with state policy as established by the state agency's
governing statute; and
(2) whether the proposed rule promotes a clearly articulated
and affirmatively expressed policy as established by the legislature
to displace competition with government action.
(b) In conducting a review of a proposed rule, the
division may request information from the state agency that submitted
the proposed rule or require the state agency to conduct an analysis
of possible implications of the proposed rule. The division may also
hold public hearings.