Governor Gregoire has suspended the rulemaking process for all “non-critical” rules. This Order extends to all executive cabinet agencies and boards, and all commissions and state agencies reporting to the Governor’s office.  Effective on the signing date, November 17, 2010, the rulemaking moratorium will run until December 21, 2011.  The Governor’s press release explains that the suspension is an effort to help small businesses by preserving the status quo while saving government funds expended on rulemaking. This is important because the order might halt a rule (or rule making procedure) that the regulatory agency regulating your industry was going to pass in 2011.  

The Order has directed the Office of Financial Management to publish guidelines identifying circumstances in which rulemaking may proceed.  In the meantime, a memorandum from the Governor’s office to all elected officials and state agencies provides guidelines for affected agencies to implement the Order.  The guidelines include a definition of “non-critical” rules:

Rule making proceedings are non-critical unless the rule is:

1. Required by federal or state law or required to maintain federally delegated or authorized programs;
2. Required by court order;
3. Necessary to manage budget shortfalls, maintain fund solvency, or for revenue generating activities;
4. Necessary to protect public health, safety, and welfare or necessary to avoid an immediate threat to the states natural resources; or
5. Beneficial to or requested or supported by the regulated entities, local governments, or small businesses that it affects.

Agencies are currently reviewing the guidelines and identifying what rules contemplated for 2011 or currently in the rule making process will be affected by the Order.