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The Vermont Statutes Online
Title
03APPENDIX
:
Executive Orders
Chapter
003
:
EXECUTIVE
§
EO3-52. (No. 04-10) [Interagency Committee on Administrative Rules
WHEREAS, Section
820 of Title 3 of Vermont Statutes Annotated created an Interagency Committee
on Administrative Rules (ICAR); and
WHEREAS, members
of ICAR shall be appointed by the Governor from the executive branch of state
government and serve at his pleasure; and
WHEREAS, the
functions and duties of ICAR are those established by law and 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;" and
WHEREAS, the
functions and duties of ICAR may also include duties and responsibilities
directed by the Governor; and
WHEREAS, Section
49 of Act 149 of 2002 (Adj. Sess.) amended the laws pertaining to rule-making
to require that all rules be pre-filed with ICAR; and
WHEREAS, these
amendments to law necessitate the updating of the current executive orders
relating to ICAR.
NOW, THEREFORE,
I, James H. Douglas, by virtue of the power vested in me as Governor of the
State of Vermont do hereby order the following with respect to the functions
and duties of the Interagency Committee on Administrative Rules and the
responsibilities of state agencies and departments who initiate rulemaking:
1. No state
agency or department shall initiate rulemaking under chapter 25 of Title 3 (the Administrative Procedures Act)
without first pre-filing the rule with ICAR.
2. Prior to
adopting emergency rules in accordance with 3 V.S.A. § 844, agencies and
departments of state government shall submit the emergency rules to the Chair
of ICAR for a determination of appropriateness by the Chair.
3. The Secretary
of Administration or his or her designee shall serve as Chair of ICAR. Members
of ICAR shall be appointed by the Governor from the executive branch and shall
serve at his or her pleasure.
This Executive
Order supersedes and replaces Executive Orders No. 14-78 (codified as E.O.
3-3), dated April 7, 1978 and No. 56-88 (codified as E.O. 3-14), dated January
8, 1988.
This order shall
take effect on July 1, 2010.
Dated July 2,
2010.
