WHEREAS: The purpose of Arkansas state government is to assist in the success of businesses in this state rather than to impose additional burdens and barriers to industries;
WHEREAS: Executive Order No. 15-02 was issued to prohibit the promulgation of unnecessary rules and regulations that burden businesses;
WHEREAS: Pursuant to Arkansas Code Annotated section 10-3-309, a “rule” means a state agency statement of general applicability and future effect that implements, interprets, or prescribes law or policy or describes the organization, procedure, or practice of a state agency and includes without limitation the amendment or repeal of a prior rule.
WHEREAS: Pursuant to Arkansas Code Annotated section 25-15-202, “rulemaking” means an agency process for the formulation, amendment, or repeal of a rule.
WHEREAS: It is imperative for the Governor to remain in control of the rules and regulations proposed to a legislative committee of the General Assembly by her state departments, agencies, and offices;
WHEREAS: In efforts to protect the citizens of Arkansas from bureaucratic burdens, it is necessary for all state departments, agencies, and offices to seek approval from the Governor in proposing any new rule or regulation or to in amending any existing rule or regulation unless they are granted an exemption by the Governor or exempted under a specific provision of Arkansas law;
WHEREAS: It is the policy of this Governor and her administration that Arkansans and its businesses will not be burdened with unnecessary or overburdensome regulatory requirements.
NOW, THEREFORE, I, SARAH HUCKABEE SANDERS, acting under the authority vested in me as the Governor of the State of Arkansas, do hereby order the following:
Executive Order No 15-02 is hereby repealed.
Unless granted an exemption by the Governor or exempted under a specific provision of Arkansas law, that all state departments, agencies, and offices shall submit to the Governor for her review and approval all proposed rule prior to appearing before a legislative committee of the General Assembly regarding rulemaking procedure.
Unless granted an exemption by the Governor or exempted under a specific provision of Arkansas law, that all state departments, agencies, and offices may not appear under any circumstances before a legislative committee of the General Assembly to regarding rulemaking procedure under the Arkansas Administrative Procedures Act without the Governor’s permission for a proposed rule.
Unless granted an exemption by the Governor or exempted under a specific provision of Arkansas law, that all state departments, agencies, and offices must resubmit all rules to the Governor for her review and approval that were submitted prior to the execution of this Order and have not received final approval by the General Assembly.
Unless granted an exemption by the Governor or exempted under a specific provision of Arkansas law, that all state departments, agencies, and offices, must simultaneously submit two rules for repeal for every one rule presented for rulemaking to a legislative committee of the General Assembly.
This Executive Order shall become effective upon its signing and shall remain in full force and effect until amended or rescinded by further executive orders.
IN TESTIMONY WHEREOF, I have hereunto set my hand and cause the Great Seal of the State of Arkansas to be affixed this 10th day of January, in the year of our Lord 2023.
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