ORM REGULATORY MODERNIZATION HIGHLIGHTS

Regulatory modernization is not a one-size-fits-all process. Over the last three-and-a-half years, agencies have pored through their regulations to find opportunities for streamlining. This sometimes involves cutting huge batches of requirements that are no longer needed. It sometimes involves parsing text line-by-line to identify specific requirements that can be eliminated. And it sometimes involves retaining requirements but modifying them to reduce a burden (e.g., cutting training hours without eliminating the training requirement). This week’s Highlights features two different, but equally impressive, approaches to streamlining.
The Department of Professional and Occupation Regulation eliminates over 200 regulatory requirements.
The Department of Professional and Occupational Regulation (DPOR) has extensively reviewed every one of its regulatory chapters to identify opportunities for reduction. This has not been an easy process and has required painstakingly reading every word to identify what may be unnecessary.
In the past few days, DPOR finalized three regulations dealing with three separate professions (see Action 6177, Action 6367, and Action 6442). The changes involved cutting back excessive training hours, simplifying documentation requirements, allowing electronic document filing, cutting out language that duplicates federal requirements, and making dozens of other technical edits. All told, DPOR’s actions streamline over 200 requirements across the three separate chapters, making life easier for hardworking professionals.
The Department of Transportation cuts 13.5% of its regulatory requirements by eliminating an incorporated document.
Previous Highlights have discussed the common practice of incorporation by reference, by which agencies refer regulated parties to outside documents to find regulatory requirements. This approach can save time, but it can create confusion if those outside documents become out-of-date.
The Virginia Department of Transportation recently identified a lengthy incorporated document dealing with the process for turning over streets in subdivisions to the state for ongoing maintenance (see Action 6919). VDOT determined that the document was out-of-date and could be eliminated. With this change, VDOT has cut an additional 13.5% of its regulatory requirements, bringing its total reduction to date to 59.5%!
Even better, as a result of these two actions and a handful of others, Virginia agencies have now streamlined 34.4% of the requirements in the entire Virginia Administrative Code! With just a few weeks left before the end of the year, Virginia agencies are finishing strong and significantly surpassing the original goal of a 25% reduction.