Regulatory modernization is not a “one-size-fits-all” process. Cutting words from regulations is one possible way of reducing regulatory burdens. But there are many other ways to streamline regulations. Indeed, sometimes reducing burdens actually involves adding words to the regulatory code if regulated parties are provided with additional pathways for achieving compliance. This week’s Highlights feature two very different, but highly effective, approaches to reducing burdens.

 

The Department of Transportation proposes an action that will eliminate over 12,000 regulatory requirements.

Agencies often use so-called “documents incorporated by reference” to simplify the process of setting regulatory requirements. Rather than reprinting requirements in the regulation, the agency will simply refer to an outside document that contains the requirements.

The Virginia Department of Transportation (VDOT) recently reviewed its incorporated documents and concluded that they collectively contained tens of thousands of requirements which don’t apply across the board but only apply in specific situations. It therefore initiated actions to eliminate those incorporated documents and will instead include case-specific requirements in individual permits.

A recent proposed action involving land use permits will eliminate 12,876 requirements from the associated regulation. This represents a 17.5% reduction of all VDOT regulations and a 3.8% reduction of all requirements in the Virginia Administrative Code.

 

The Board for Barbers and Cosmetology enters the Cosmetology Compact.

In recent years, several professions have developed interstate compacts. If a licensee lives in one of the states participating in the compact, she can enter the profession or transfer states by complying with the terms of the compact rather than completing the state-specific requirements.

In an increasingly mobile world, the flexibility that these interstate compacts offer is incredibly valuable. Military spouses and other individuals who may make frequent moves benefit enormously from the mobility these compacts offer.

The Board for Barbers and Cosmetology recently approved an emergency regulation that would implement the Cosmetology Compact, allowing cosmetologists to obtain an interstate license and enabling them to work in or transfer to other compact states with no additional requirements. This will make it easier for cosmetologists moving to Virginia or working near the state border to begin practicing and expand the labor pool, making the action a win-win for Virginia professionals and citizens.

Download ORM Highlights: Early-March 2025.