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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on Administrative Rules will be assisted by providing it with ongoing authority, to remain in effect until specifically rescinded;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.
