Executive Order No.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Executive Order No. 3-52 (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.