WSR 97-08-027
EXECUTIVE ORDER
OFFICE OF THE GOVERNOR
[EO 97-02]
WHEREAS, administrative rules are necessary to implement laws that
protect the public health, safety, welfare, and the environment, and to
ensure efficient administration of state government.
WHEREAS, in recent years, there has been a steady growth in the number
and complexity of administrative rules and their impact on businesses and
the general public without a systematic review of their need,
effectiveness, reasonableness, clarity, potential conflicting
requirements, and consistency with legislative intent.
WHEREAS, to achieve meaningful regulatory reform, clear goals, timelines,
and commitments must be established and adhered to by the Governor's
office, the Subcabinet on Management Improvement and Results, and each
agency head.
NOW THEREFORE, I, Gary Locke, Governor of the State of Washington,
declare my commitment to better serve the people of the state of
Washington by taking every step necessary to improve the effectiveness
and fairness of our regulatory processes. It is, therefore, the purpose
of this executive order to accomplish the following:
To ensure that state regulations that have significant impact on
labor, consumers, businesses, and the environment are reviewed on
an open and systematic basis and to ensure that they meet standards
of need, reasonableness, effectiveness, clarity, fairness,
stakeholder involvement, coordination among regulatory agencies, and
consistency with legislative intent and statutory authority.
To ensure that state regulations are consistent with all
requirements of the Administrative Procedure Act and that rule
making occurs when required by law.
To create a Subcabinet on Management Improvement and Results to
oversee the regulatory review process and to ensure that state
government pursues a fair, effective, and sensible regulatory
strategy that emphasizes:
Priorities, whereby rules focus on issues of greatest need;
Partnership, whereby rule making involves participation of
business, labor, the environmental community, non-profit
groups, local government, and other stakeholders;
Plain language, whereby rules are written and organized so
they may be easily understood and used by people who are
affected by them; and
Performance, whereby rules are fair, effective, and achieve
maximum public protection with reasonable requirements.
To accomplish these purposes, by virtue of the power vested in me, I
hereby order and direct the following actions:
I. Regulatory Review
Upon the effective date of this executive order, each state agency shall
begin a review of its rules that have significant effects on businesses,
labor, consumers, and the environment. Agencies shall determine if their
rules should be (a) retained in their current form, or (b) amended or
repealed, if they do not meet the review criteria specified in this
executive order. Agencies shall concentrate their regulatory review on
rules or portions of a rule that have been the subject of petitions filed
under RCW 34.05.330 or have been the source of complaints, concerns, or
other difficulties that relate to matters other than the specific
mandates of the statute on which the rule is based. Agencies that have
already established regulatory review processes shall make them
consistent with the requirements of this executive order. Each agency
head shall designate a person responsible for regulatory review who shall
serve as the agency's contact for regulatory review with the Office of
the Governor and the Office of Financial Management.
The following criteria shall be used for the review of each rule
identified for review:
1. Need. Is the rule necessary to comply with the statutes that
authorize it? Is the rule obsolete, duplicative, or ambiguous to
a degree that warrants repeal or revision? Have laws or other
circumstances changed so that the rule should be amended or
repealed? Is the rule necessary to protect or safeguard the health,
welfare, or safety of Washington's citizens?
2. Effectiveness and Efficiency. Is the rule providing the results
that it was originally designed to achieve in a reasonable manner?
Are there regulatory alternatives or new technologies that could
more effectively or efficiently achieve the same objectives?
3. Clarity. Is the rule written and organized in a clear and concise
manner so that it can be readily understood by those to whom it
applies?
4. Intent and Statutory Authority. Is the rule consistent with the
legislative intent of the statutes that authorize it? Is the rule
based upon sufficient statutory authority? Is there a need to
develop a more specific legislative authorization in order to
protect the health, safety, and welfare of Washington's citizens?
5. Coordination. Could additional consultation and coordination with
other governmental jurisdictions and state agencies with similar
regulatory authority eliminate or reduce duplication and
inconsistency? Agencies should consult with and coordinate with
other jurisdictions that have similar regulatory requirements when
it is likely that coordination can reduce duplication and
inconsistency.
6. Cost. Have qualitative and quantitative benefits of the rule been
considered in relation to its cost?
7. Fairness. Does the rule result in equitable treatment of those
required to comply with it? Should it be modified to eliminate or
minimize any disproportionate impacts on the regulated community?
Should it be strengthened to provide additional protection?
Each state agency shall develop a plan for the review of its rules and
submit the plan to the Governor no later than September 1, 1997.
Agencies shall consult with their major stakeholders and constituent
groups in the development of the plan. The plan shall: (a) Contain a
schedule that identifies which rules will be reviewed and when the review
will occur; (b) state the method by which the agency will determine if
the rules meet the criteria listed above; (c) provide a means of public
participation in the review process and specify how interested persons
may participate in the review; (d) take into account the need and
resources required, if any, to amend significant legislative rules; (e)
identify instances where the agency may require an exception to
regulatory review requirements; and (f) provide a process for on-going
review of rules after the initial four-year review period provided for
in this executive order has expired. Any new rules or significant
amendments for which a notice of intent to adopt is filed after the
effective date of this executive order shall be consistent with its
principles and objectives and must also be adopted in accordance with
applicable laws. Agencies shall provide the plan to any person who has
requested notification of agency rule making and shall be submit the plan
for publication in the Washington State Register.
By October 15, 1997, and on that date each year thereafter until the year
2000, each agency shall report to the Governor on the progress made
toward completing its regulatory review and other measures taken to
improve its regulatory program. The reports shall include, but not be
limited to: (a) a summary of the number of rule sections amended or
repealed and the number of pages eliminated in the Washington
Administrative Code; (b) a summary of rules amended or repealed based on
the review criteria in this executive order; (c) a summary of agency
actions in response to petitions under RCW 34.05.330; (d) a summary of
the results of the agency's review of policy and interpretive statements
and similar documents; (e) a summary of the agency's review of reporting
requirements imposed on businesses; (f) recommendations for statutory or
administrative changes resulting from the regulatory reviews; and (g)
other information the agency deems necessary or that may be required by
the Governor. More frequent reports may be requested, as necessary.
Agencies shall make the reports available to persons who have requested
notification of agency rule making and shall submit them for publication
in the Washington State Register.
As part of its regulatory review, each agency shall review its existing
policy and interpretive statements or similar documents to determine
whether or not they must, by law, be adopted as rules. The review shall
include consultation with the Attorney General. Agencies shall
concentrate their review on those statements and documents that have been
the source of complaints, concerns, or other difficulties.
Each agency shall also review its reporting requirements that are applied
generally to all businesses or classes of businesses to ensure that they
are necessary and consistent with the principles and objectives of this
executive order. The goals of the review shall be to achieve reporting
requirements that, to the extent possible, are coordinated with other
state agencies with similar requirements, are economical and easy to
understand, and rely on electronic transfer of information.
The Office of Financial Management shall develop procedures to ensure
that agencies notify and consult with the Governor or the Governor's
staff on the substance of any significant legislative rules upon notice
of proposed rule making by the agency.
The Governor may grant exceptions to regulatory review requirements in
those instances where the substance of rules is mandated by federal law
or where an agency can demonstrate an unreasonable conflict with
established priorities.
II. Creation of the Governor's Subcabinet on Management Improvement and Results
There is created the Governor's Subcabinet on Management Improvement and
Results to consist of the heads of the following agencies: Office of
Financial Management, Department of Labor and Industries, Department of
Ecology, Department of Social and Health Services, Department of Revenue,
Department of Employment Security, and Department of Health. The chair
of the Subcabinet shall be the Governor's Deputy Chief of Staff.
Staffing for the Subcabinet shall be provided by the Office of Financial
Management, with assistance from the member agencies. All state agencies
shall provide the Subcabinet with periodic reports and other information
and assistance as may be requested.
The responsibilities of the Subcabinet are:
To study and make recommendations to the Governor for statutory,
administrative, and organizational changes and for special pilot
projects that result in regulatory improvements in state government.
Recommendations shall be designed to improve service to citizens,
provide effective and fair public protection, reduce the complexity
of compliance, ensure reasonableness and effectiveness, simplify
administrative processes, eliminate unnecessary procedures and
paperwork, and reduce costs. The Subcabinet shall report to the
Governor on these items no later that December 1, 1997. Subsequent
reports shall be submitted in each future year no later than
December 1.
To oversee the regulatory review process established by this
executive order and report to the Governor on the progress of state
agencies in complying with these requirements. The first such
report shall be submitted to the Governor no later that December 1,
1997. Subsequent reports shall be submitted in each future year no
later than December 1.
To assist the Office of Financial Management in the preparation of
reports to the Legislature required by RCW 34.05.328(6) and RCW
43.05.900.
To convene work groups and other special committees for the purpose
of assisting the Subcabinet in the development of recommendations
and reports required by this executive order and in the design and
implementation of special pilot projects for regulatory improvement.
Depending on their purpose, membership of such groups may include
representatives from business, labor, environmental organizations,
state agencies, local government, nonprofit organizations, citizens,
and other interests.
III. Effective Date. This executive order shall take effect immediately.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of
Washington to be Affixed at Olympia this 25th day of March A.D., Nineteen hundred and
ninety-seven.
Gary Locke
____________________________
Governor of Washington
BY THE GOVERNOR:
Ralph Munro
_______________________
Secretary of State
Reviser's note: The typographical errors in the above material occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.