N.Y. Comp. Codes R. & Regs. tit. 9 § 5.2

Current through Register Vol. 46, No. 22, May 29, 2024
Section 5.2 - Executive Order No. 2: Ordering a Moratorium on Proposed Rules and Regulations. [*]

WHEREAS, excessive rules and regulations have unduly burdened the State's economy and imposed needless costs on the businesses and citizens of this State; and

WHEREAS, this administration intends to review all proposed rules and regulations to ensure that no rule or regulation is more demanding than required to meet legislative goals;

NOW THEREFORE, I, George E. Pataki, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby establish a 90-day moratorium on the adoption of any rule or regulation proposed pursuant to the State Administrative Procedure Act by any department, agency, division, commission, bureau or other entity over which I have executive power;

Provided, however, that a department, agency, division, commission, bureau or other entity over which I have executive power, may adopt or readopt a proposed rule or regulation or an emergency rule or regulation when the Counsel to the Governor, Secretary to the Governor and Director of Regulatory Reform upon his appointment and in consultation with the Secretary to the Governor, have determined that such adoption or readoption as the case may be, relaxes a current regulatory burden, is subject to a statutory, administrative or judicial deadline, responds to emergencies affecting the public health, safety or welfare, or assists in the enforcement of criminal laws.

I further direct each department, agency, division, commission, bureau or other entity over which I have executive power to evaluate existing and proposed rules or regulations, to identify for modification, rescission or withdrawal those rules or regulations which have unduly burdened the economy of the State of New York and caused job losses or which are more demanding than required to meet legislative goals.

Prior to the end of the moratorium each department, agency, division, commission, bureau and other entity over which I have executive power shall submit a written report to me containing recommendations for regulatory reform consistent with the above objectives. The Secretary to the Governor and Director of Regulatory Reform, upon his appointment and in consultation with the Secretary to the Governor, is hereby directed to evaluate such recommendations.

For the purpose of this Executive Order, the term rule shall have the same meaning as defined in § 102 of the State Administrative Procedure Act and emergency rule shall have the same meaning as defined in § 202(6) of the State Administrative Procedure Act.

Notice of this moratorium shall be published in the New York State Register immediately.

Signed: George E. Pataki

Dated: January 5, 1995

Footnotes

* [Revoked by Executive Order No. 5 (Eliot Spitzer), infra.] [Revoked by Executive Order No. 9 (David A. Paterson), infra.] [Revoked by Executive Order No. 2 (Andrew M. Cuomo), infra.]

N.Y. Comp. Codes R. & Regs. Tit. 9 § 5.2