§EO3-52. (No. 04-10) [Interagency Committee on Administrative Rules

Link to law: http://legislature.vermont.gov/statutes/section/03APPENDIX/003/00052
Published: 2015

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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.
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