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Maine Governor Directs Agencies to Stay All Rulemaking Pending Executive Review

01.12.2011

On Monday, January 10, 2011, Maine Governor Paul LePage issued an Executive Order that directs all state agencies to stay all rulemaking efforts pending review and approval of such proposed rules by the Governor's Office. The order is immediately effective.

Executive Order 09 FY 11/12 specifically directs the following:
  • Proposed rules will not be published for public review or comment until it has been submitted to the Governor's Office for review and cleared for publication. 
  • Rules already out for public comment stage will have the public comment period extended for 90 days and the proposed rule will be reviewed by the Governor's Office.  If the public comment period has expired, the agency shall not proceed to formal adoption of the rule without authorization from the Governor's Office.
  • This review process will be in effect for six months and may be extended, modified or eliminated based on its effectiveness in reducing unnecessary regulation.  

The only exception to the prohibition is if a specific rule promulgation deadline is mandated by federal or state law.  

The Order affects all Executive Branch departments, and is intended to provide Governor LePage and his staff the ability to review the regulatory burdens associated with each of the proposed rules currently planned or in the formal rulemaking promulgation process.  

Questions regarding Executive Order 09 FY 11/12 may be directed to David Van Slyke at 207-791-3221 or dvanslyke@preti.com.