SAVE Commission's findings - La Follette School of Public Affairs ...

tee or state agency jurisdictional lines. Among
the problems in the legislative and executive
branches:
£ Excessive delegation without clear
definition of policy priorities;
£ Overly stringent implementation
timetables;
£ Under-funded or unfunded expansions
of agency
missions;
£ Contradictory
policy goals;
£ No system of
regulatory
priorities; and
£ Too many bills and too many new laws
with regulatory consequences.
Regulatory reform will be part of a performance
budgeting system that focuses on
strategies and results (see Goal #20). Another
tool will be the legislative impact statement (see
Goal #17). As part of management reform,
agencies will produce results expected by the
Legislature and will be held accountable.
Reform also will be part of the Sweeping
Sunset process (see Goal #16). One stop shopping
could be applied to regulatory permits issued
by state and local governments, especially
to small businesses (see Goal #15).
The Commission found problems in the
technical quality of the rules—such as conflicting
legal definitions—and poor enforcement
case preparation. Handling the role of the state’s
regulatory ombudsperson will be the existing
Joint Committee for the Review of Administrative
Rules. This role will provide an incentive
to agencies to better coordinate and do homework
on enforcement.
Agencies will shift regulatory emphasis
and resources toward more education, more
public involvement and more sharing of best
practices. With a focus on prevention, preventive
environmental auditing and innovation,
agencies will find new ideas from business,
communities and citizens. With flexibility, regulators
will applaud
innovations, not resist
them.
Convenient,
quality and consistent
regulatory services
will become
available through
increased professional
development, integrated permitting, inter-agency
cooperation and a regulatory circuit
rider system that will issue on-site permits serving
multi-agency functions.
In addition, most far-reaching recommendations
are tied to reinventing citizenship (see
Preamble). Citizens, not regulators, will take
charge of the education, environment, public
health and safety in their communities. The
regulatory system misleads us to believe that
government is the sole protector, provider or
professional able to achieve social goals. The
reality is that the citizen has the responsibility
and capacity to do what is right. Government
must clearly communicate the goals, offer a
helping hand and applaud results.
“I have seen rules so poorly or
confusingly drafted as to be largely
incapable of rational interpretation
and application.”
Chief Appellate Judge William Eich
Footnote: The Commission is grateful to state employees,
businesses, citizens and others who contributed
to the section on regulatory review that
was overseen by the Honorable William Eich of the
Wisconsin Court of Appeals.
21.7
Use meaningful
participative techniques.
21.8
Create exchanges to
enhance understanding.
21.9
Leverage technology to
enhance participation
and education.
21.10
Create a system of
regulatory circuit riders.
21.11
Use performance, not
process, for regulatory
systems.
21.12
Set enforcement
priorities.
21.13
Promote regulatory
innovation.
21.14
Promote professional
development.
21.15
Coordinate and
reorganizate regulations.
21.16
Create an integrated
permitting system.
21.17
Consolidate agency
field offices and train
staff.
R E S U L T S
Regulating for results
will:
1 Change rules and regulations
so they are user friendly and
results oriented.
2 Respect citizens, businesses
and others as people who want
the right thing done in the right
way.
3 Change regulators from
controllers to coaches.
4 Reform regulations to avoid
contradictory goals, establish
priorities for enforcement, avoid
overly stringent implementation of
timetables and restrict
underfunded expansions of
agency missions.
5 Hold agencies accountable for
results expected by the Legislature.
21.18
Create an electronic
system for rule
development and
administration.
21.19
Use environmental
auditing as a tool to
prevent problems.
CITIZEN • COMMUNITY • GOVERNMENT — WISCONSIN: THE 21 ST CENTURY 57