Keeping true to a campaign promise, one of the first acts of Missouri Governor Eric Greitens was to issue an executive order that gives each state agency until June 30, 2018 to repeal or cease any regulation that is ineffective, unnecessary of unduly burdensome. The Governor’s order sets out the following review procedures:
- Every State Agency shall undertake a review of every regulation under its jurisdiction within the Code of State Regulations.
a. As part of its review, every State Agency shall (i) accept written public comments for at least a 60-day period; (ii) hold at least two public hearings to allow citizens and businesses to identify regulations that are ineffective, unnecessary, or unduly burdensome; (iii) solicit and incorporate comments and advice from private citizens, stakeholders, regulated entities, and other interested parties; and (iv) complete the review by May 31, 2018.
b. Every State Agency shall designate an individual to oversee the review.
c. For each existing regulation, and any future proposed regulation, every State Agency shall affirm in a report submitted to the Office of the Governor by May 31, 2018:
i. The regulation is essential to the health, safety, or welfare of Missouri residents;
ii. The costs of the regulation do not outweigh their benefits, based on a cost-benefit analysis;
iii. A process and schedule exist to measure the effectiveness of the regulation;
iv. Less restrictive alternatives have been considered and found less desirable than the regulation;
v. The regulation is based on sound, reasonably available scientific, technical, economic, and other relevant information; and
vi. The regulation does not unduly and adversely affect Missouri citizens or customers of the State, or the competitive environment in Missouri.
d. By June 30, 2018 every State Agency shall take any action necessary to repeal or to cease rulemaking for any regulation that does not meet any criteria in Section 3(c) of the Order.
This represents a very tall order for the Missouri State Board of Embalmers and Funeral Directors. That Board has been mulling over a number of rules and regulations drafted since the preneed law was re-written in 2009. Although none of the rules approved by the State Board have been submitted for the formal rulemaking process, the State Board has been enforcing those rules. For those disgruntled with one of those rules, the Governor’s order will provide funeral homes a 60 day window to provide written comment about how that rule is “ineffective, unnecessary, or unduly burdensome”.