§ 14 - 20-14. [Declaration of State of Emergency for Franklin, Lamoille, and Orleans Counties] - Vermont Statutes

TITLE 3ExecutiveAppendix Executive OrdersCHAPTER 3. EXECUTIVEExecutive Order No. 3-14.(No. 56-88)[Agencies Required To File Proposed and Emergency AdministrativeRules With Interagency Committee on Administrative Rules; Study ofScope of and Limitations on Rulemaking]

WHEREAS, 3 V.S.A. section 820, as amended 1981, provides:

(a) For assistance in the review, evaluation and coordination of programs and activities of state agencies subject to the provisions of this chapter, an interagency committee on administrative rules is created. Members of the committee shall be appointed by the governor from the executive branch and shall serve at his [or her] pleasure.

(b) The duties and responsibilities of the committee shall be those directed by the governor and shall include review of existing and proposed rules of agencies designated by the governor for style, consistency with the law, legislative intent and the policies of the governor. The committee shall make reports and recommendations concerning programs and activities of designated agencies subject to this chapter.

WHEREAS, prior executive orders establishing the duties and responsibilities of the Interagency Committee on Administrative Rules have been issued pursuant to 3 V.S.A. section 820, but have expired;

WHEREAS, the proper scope and limits of administrative rulemaking by executive branch agencies is in need of review and whereas the Interagency Committee on Administrative Rules is an appropriate body to conduct that review; and

WHEREAS, the smooth operation and functioning of the Interagency Committee on Administrative Rules will be assisted by providing it with ongoing authority, to remain in effect until specifically rescinded;

NOW, THEREFORE, I, Madeleine M. Kunin, by the general authority vested in me as Governor, and under the specific authority of 3 V.S.A. section 820, do hereby order the following in connection with the Interagency Committee on Administrative Rules:

I. The following agencies shall not initiate rulemaking procedures under chapter 25 of Title 3 (the Administrative Procedure Act, 3 V.S.A. section 801 et seq.), with respect to the programs specified below, without first pre-filing with the Interagency Committee on Administrative Rules, at least fifteen (15) days prior to filing with the Secretary of State under 3 V.S.A. section 838, a copy of any proposed rule.

LABOR & INDUSTRY

1. Fire prevention

2. Electrical licensing and inspection

3. VOSHA

4. Tramway

5. Boiler and elevator inspection and standards

6. Plumbing, heating, lighting and ventilation in public buildings

7. Schoolhouse regulations

8. Architectural barrier compliance

TRANSPORTATION

9. Utility installations within rights-of-way of state highway system

10. Access to state highways from abutting properties

11. Junkyards

12. Airport permits

13. Transport of hazardous materials

14. Official business directional signs

HUMAN SERVICES

15. Day care regulations

16. Public water systems

17. Food and lodging

18. Community right-to-know

19. Nursing homes and community care facilities

20. Asbestos control

21. Groundwater management

AGRICULTURE

22. Milk plants, frozen dessert plants and dairy products

23. Farm products standards

24. Pesticides

25. Feed, fertilizer and seed

26. Weights and measures

27. Livestock

28. Meat products

29. Nursery and plant quarantines

30. Accepted agricultural practices

NATURAL RESOURCES

31. Environmental Protection Rules

32. Indirect discharge permits

33. Discharge permits

34. Septage and sludge

35. Solid waste management

36. Hazardous waste management

37. Stream alteration

38. Aquatic nuisance

39. Air pollution

40. Dam construction

41. Well drillers

42. On-site sewage disposal

43. Wasteload allocations

44. Underground storage tanks

45. Accepted silvicultural practices

46. Chip harvesters

47. Groundwater management

48. Endangered species

WATER RESOURCES BOARD

49. Wetlands

50. Management of lakes and ponds

51. Water quality standards

ENVIRONMENTAL BOARD

52. Act 250

LIQUOR CONTROL BOARD

53. Rules governing licensed establishments

TAXES

54. Collection through state license programs

EDUCATION

55. Teacher certification

56. Special education

57. Public school certification and approval

II. Agencies and departments of state government, prior to adopting emergency rules in accordance with 3 V.S.A. section 844, shall submit the emergency rules to the Chairman of the Interagency Committee on Administrative Rules for determination of appropriateness.

III. The Interagency Committee on Administrative Rules shall study the proper scope and limits on administrative rulemaking by executive branch agencies. This study shall include, without limitation, consideration of the manner and style of rulemaking, the interrelationship of statutes and rules, and the policies behind rulemaking in the agencies and departments within state government.

The Interagency Committee on Administrative Rules is authorized to consult experts and others from the public and/or private sectors, and to perform such other functions as it deems necessary to conduct this study. The Interagency Committee on Administrative Rules shall report the results of this study and make recommendations on the advisability of amending the Administrative Procedure Act, 3 V.S.A. section 801 et seq., to the Governor by October 1, 1988.

IV. This executive order shall take effect on the date hereof and remain in effect until modified or repealed by further executive order.

Dated January 8, 1988.