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This entry was published on 2014-09-22
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SECTION 889
Program responsibilities
Executive (EXC) CHAPTER 18, ARTICLE 39
* § 889. Program responsibilities. 1. The office shall obtain and keep
on an annual basis appropriate statistical data regarding the number of
permits issued by state agencies, the amount of time necessary for the
permits to be issued, the cost of obtaining such permits, the types of
projects for which specific permits are issued, a geographic
distribution of permits issued, and other pertinent data which the
director deems appropriate. The office shall analyze such data by type
of permit and by agency responsible and make its findings available to
the public.

2. The office shall conduct or cause to be conducted a thorough review
of permit requirements and the need by the state to require such
permits. The office shall draw on such review, on its direct experience
and its statistical analyses to prepare recommendations from time to
time for the appropriate agencies, the legislature, and the governor
regarding how to:

(a) eliminate unnecessary or antiquated permit requirements;

(b) consolidate duplicative or overlapping permit requirements;

(c) simplify overly complex or lengthy application procedures;

(d) expedite time consuming agency review and approval procedures; or,

(e) otherwise improve the permitting processes in the state.

3. Prior to the adoption of any new or modified permit which is not
expressly mandated by legislative direction, the office shall conduct a
review in the following manner:

(a) A state agency proposing to adopt a new or modified permit not
expressly legislatively mandated, shall, thirty days prior to its
effective date, file such proposed action with the office. The office
shall conduct its review in accordance with the following standards:

(i) necessity: whether the proposed new or modified permit is the most
effective means of carrying out the intent of the legislature;

(ii) duplication: whether the permit duplicates or overlaps another
existing permit;

(iii) simplicity: whether the requirements of the permit impose overly
complex or lengthy application or reporting procedures and forms.

The office shall review and comment upon the proposed permit, and
submit its findings in writing to the submitting state agency, the
administrative regulations review commission and the secretary to the
governor within twenty-one days of receipt of the proposed permit.

(b) Any new or modified non-legislatively mandated permit adopted as
an emergency measure shall be submitted to the office within five days
after its effective date. The office shall review and comment on the
permit according to the criteria listed in paragraph (a) of this
subdivision and report to the submitting state agency, the
administrative regulations review commission and the secretary to the
governor within five days of receipt of notice of the emergency action.

(c) Any applicant or holder of a permit may petition the office in
writing to review the need for the permit. The office shall acknowledge
such petition within five days of its receipt. Such review shall be
conducted within sixty days of receipt and the office's findings shall
be submitted in writing to the petitioner, the state agency, the
administrative regulations review commission and the secretary to the
governor.

* NB Authority of office terminated per § 893 December 31, 1995