Ads by Google Ads by Google

Gov affirms the policy alleviating unnecessary public costs and regulatory burdens

Gov. Lolo Matalasi Moliga
Executive order sets up a rule making system
reporters@samoanews.com

Pago Pago, AMERICAN SAMOA — Through a Jan. 31st executive order, Gov. Lolo Matalasi Moliga “affirmed” the Executive Branch’s “policy" to alleviate unnecessary public costs and regulatory burdens placed on the American Samoan people.

The order sets up the establishment of a process to ensure a coherent and efficient rule-making system exists within the Executive Branch that “can continuously operate into the future to lower public costs and regulatory burdens” on local residents.

RULE REFORM OFFICERS

According to the governor, 30-days from Jan. 31st (the effective date of the 4-page order) the head of each agency, except the heads of agencies receiving waivers under provision of the order, designates an employee who must be a career service employee to be the agency’s “Rule Reform Officer” (RRO).

Each RRO oversees the implementation of the agency rule reform initiatives and policies to ensure the agency effectively carries out rule reforms consistent with applicable law.

The order specifies the duties of the RROs, who shall evaluate existing rules of the agency and make recommendations to the agency head regarding the new creation, repeal, replacement or modification of their agency’s rules consistent with applicable law.

Furthermore, the RRO shall attempt to identify rules that are — among other things — outdated, unnecessary or ineffective; impose costs that exceed benefits; and create a serious inconsistency or otherwise interfere with rule reform initiatives and policy.

RROs may receive legal and/or technical expertise to assist them.

RULE REFORM PANEL

The governor established a five-member Rule Reform Panel, and representatives will be from the Department of Legal Affairs, Budget Office, Treasury Department, Administrative Law Judge Office and the Governor’s Office - whose representative will serve as chair, while the panel chooses a vice chair.

Heads of the five agencies are to designate a representative to the panel, and their meetings are to be held at least once a month. Three persons present constitutes a quorum.

According to the governor, the panel shall be advisory only, and hold meetings with the RROs, the technical experts assisting them, agency heads, and other authorized rule-making authorities to evaluate both draft and final recommendations regarding rule formulation, repeal, replacement or modification before such are put out for public notice and comment.

At a minimum, the panel shall provide - among other things - advisement in identifying recommended rules that:

• eliminate jobs, or inhibit job creation;

• are outdated, unnecessary or ineffective; and

• create a serious inconsistency or otherwise interfere with regulatory reform initiatives and policies already in place.

In performing its evaluation and to expedite rule reform, the governor said the panel may invite input from other agencies, community organizations, the American Samoa Bar Association, or other experts to comment on agency recommended rules before they proceed to public notice and comments.

The order also states that commencing on May 1st this year, and continuing on a schedule to be determined by the panel, each RRO shall provide a report to the panel detailing the agency’s progress towards:

• improving implementation of rule reform initiatives and policies pursuant to this order;

• identifying rules for repeal, replacement, or modification; and

• identifying recommendations to statutes pursuant to this order.

WAIVER

Upon the request of an agency head, the panel may waive compliance with the order if it determines that the agency generally issues very few or no regulations, and the panel may revoke a waiver at any time.

GENERAL PROVISIONS

According to the governor, the order shall be implemented consistent with applicable law and subject to the availability of appropriations.