>Oops! Sandoval’s Regulation Review Meets Reality?

>During his State of the State Address, Governor Sandoval was pleased to announce his Executive Order 2011-1, saying: “Thanks to my Executive Order freezing most state regulations and requiring a complete regulatory review, we can  promise you a stable regulatory environment. Nevada officials and agencies see their job as one of helping you do business, not slowing you down.”  Indeed, the initial Executive Order was a splendid piece of theater:

The January 3, 2011 Executive Order 2011-01

Froze all proposed administrative regulations from all executive branch departments, etc. within the purview of the Governor until January 1, 2012. No new regulations may be proposed or acted on unless excepted from the application of this order.

Ordered each regulatory body complete a comprehensive review of the regulations subject to its enforcement, including those regulations the regulatory body wishes to become effective following the freeze. The review shall include an assessment of how each regulation or set of regulations is consistent with my regulatory priorities — that is, to protect the health and welfare of the people of the state of Nevada without discouraging economic growth.

The review to include (1) the value to the public of the regulation; (2) the impact of the regulation or the benefits it provides; (3) the adverse impact of the regulation on businesses of any size; (4) the cost of the regulation’s enforcement; (5) whether the regulation remains necessary; (6) whether alternate forms of regulation may adequately address the problem; (7) whether the regulation is written clearly and precisely so as to achieve easy understanding and application; and, (8) whether other regulations address the same problem.

That was then…this is now. Executive Order 2011- 4  The Governor has made a few revisions to his initial Executive Order, exempting all of the following from the “comprehensive review:”  — “Regulations that affect public health; public safety and security; regulations that are necessary in the pursuit of federal funds and certifications; regulations that affect the application of powers, functions and duties essential to the operation of the state agency, department, board of commission at issue; regulations that affect pending judicial deadlines; regulations necessary to comply with Federal law; and regulations that will have a positive economic impact for the people of the state of Nevada.”   

Leaving us to wonder: Just what is it the Governor is planning on having department and division heads review?

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