Tuesday, January 15, 2013
Ind. Gov't. - Executive Order "ordering a moratorium on regulations" simply more of the same?
Gov. Pence's moratorium on new rulemakings, issued yesterday, provides that:
OMB shall perform a comprehensive evaluation and rigorous cost benefit analysis of existing administrative rules as adopted under Ind. Code 4-22-2 and Ind. Code 13-14-9. Agencies shall fully assist OMB in this evaluation by providing timely information and analysis when requested by OMB.It imposes a requirement for the inclusion in certain rulemakings of:
a statement regarding the proposed rule's potential to promote private sector job growth or foster private-sector economic developmentIt also reiterates the need for agencies to:
follow all existing rules and procedures, including those set forth in Executive Order No. 2-89 and Financial Management Circular No. 2010-4.The attached 8-page document compiled (quickly) by the ILB sets out statutory requirements already in the law designed to lessen the impact of state rules on Indiana businesses. These include:
- IC 4-22-2-28 - Review by of proposed rule small business ombudsman; suggested alternatives; fiscal impact statement by office of management and budget (OMB).
- IC 4-22-2-28.1 - A long, involved section that requires that an agency adopting a rule must assign one staff person to serve as the agency's small business regulatory coordinator with respect to the proposed or adopted rule.
- IC 13-14-9-4.2 - Not less than fourteen days before the date of preliminary adoption of a proposed rule by a board, the department [IDEM] shall make available to the board the fiscal impact statement prepared by the office of management and budget with respect to the proposed rule.
- IC 13-14-9-4 - Imposes additional requirements where the proposed rule (A) is more stringent than a restriction or requirement imposed under federal law; or (B) applies in a subject area in which federal law does not impose a restriction or requirement.
- IC 13-14-9-5 - For a proposed rule with an estimated economic impact on regulated entities that is greater than $500,000, publish in the Indiana Register a copy of the OMB fiscal analysis required under IC 4-22-2-28.
Posted by Marcia Oddi on January 15, 2013 02:10 PM
Posted to Indiana Government