An Order Establishing Comprehensive Rulemaking Oversight
August 24, 2011
20 FY 11/12
AN ORDER ESTABLISHING COMPREHENSIVE RULEMAKING OVERSIGHT
WHEREAS, certain Executive Orders have been issued since the beginning of this Administration;
WHEREAS, such Orders have provided effective and necessary oversight to agency rulemaking;
WHEREAS, establishing a unified, comprehensive rulemaking oversight policy will lead to better governance; and
WHEREAS, promulgated rules must reflect the intent of the Legislature and the goals of the Executive;
NOW, THEREFORE, I, Paul R. LePage, Governor of the State of Maine, hereby order as follows:
- State agencies shall take the following criteria into account prior to drafting new rules as defined by 5 M.R.S.A. § 8002(9) or otherwise amending existing rules:
A. The impact of the proposed rule on job growth or creation;
B. The burden imposed by any fees included in the rule;
C. The cost to the public in terms of time and money required to comply with the rule;
D. The extent to which other state laws and regulations already address the subject matter of the rule; and
E. The relevant Federal standards, if any, and the specific need for Maine’s rules to differ from them if such a need exists.
These criteria are in addition to other criteria required by statute unless the statute specifically limits the agency’s rulemaking discretion to enumerated criteria. When findings are issued, the agency shall make findings relevant to the criteria insofar as the rule reasonably addresses the subject matter of the criteria. Findings are for submission to the Governor’s Office as provided in Section 2 and may be made available to the public upon request.
The effective date of this Executive Order is August 24, 2011.
Paul R. LePage, Governor