objection to permanence
A4A respectfully requests that the Emergency Temporary Standards (ETS) not be made permanent, maintaining their sunset with the Governor’s State of Emergency. If the Board decides to move forward with a permanent standard, then several components of the standard will need to be addressed to resolve inconsistencies with state and federal regulations and constitutional concerns. The ETS, if made permanent, would make mandatory a snapshot of CDC guidelines that are flexible and evolving, reflecting best practices based on contemporary knowledge of a new virus. This remains to be a rapidly evolving situation and that body of knowledge expands daily, and the recommended best practices are routinely updated to reflect new information. Mandating today’s guidelines would calcify permanent best practices based on current knowledge, which could quickly become outdated, fail to incorporate new guidelines and result in unnecessary requirements. .