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Agency dynamics: A 50-state survey (2020)

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This survey is part of a series of 50-state surveys examining the five pillars key to understanding the administrative state
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Five Pillars of the Administrative State
•Agency control
• Executive control
• Judicial control
•Legislative control
• Public Control
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Disclaimer: The research presented on this page was completed in 2020. It has not been regularly updated since its completion. This page is likely outdated and may be incomplete.

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This page compares results from a series of Ballotpedia surveys completed in 2020 about agency dynamics, one of the five pillars key to understanding the main areas of debate about the nature and scope of the administrative state. Ballotpedia reviewed all 50 state constitutions and administrative procedures acts (APAs) to see how each state approaches agency dynamics.

This article shows how state approaches to agency dynamics compare with one another based on the following questions:

For each survey question, Ballotpedia labeled a state as yes or no based on whether the state gives more or less power to its administrative state.

You can find the results of other Ballotpedia surveys here.

This page features the following sections:

In 2025, Ballotpedia updated the pillar system used to understand the main areas of debate about the nature and scope of the administrative state. Click here to learn more about this updated structure and to see Ballotpedia's current content related to the administrative state.



Methodology

Ballotpedia examined all 50 state constitutions and Administrative Procedure Acts (APAs) to see how states approach agency dynamics in their foundational laws. Administrative Procedure Acts (APAs) govern the procedures state administrative agencies must follow to issue regulations and adjudicate disputes. The particular procedures outlined in each APA vary among the 50 states.

For each survey question, Ballotpedia labeled a state as yes or no based on whether the state gives more or less power to its administrative state.

Other state laws that might address how a state approaches agency dynamics are beyond the scope of this survey.

To see the specific legal provisions Ballotpedia used to categorize each state, click here.

Summary of key findings

Ballotpedia's survey of state constitutions and APAs produced the following key takeaways (as of November 2020):

  • Only Kentucky had yeses for every agency dynamics question as of 2020.
  • Seven states had at least four yeses for agency dynamics questions as of 2020. These states imposed more agency dynamics restrictions on their agencies than other states.
Those states were: California, Idaho, Michigan, New Jersey, New York, Rhode Island, and West Virginia.
  • Two states had five nos for agency dynamics questions as of 2020. Those states, Delaware and Utah, had the fewest limits in their APAs and constitutions on their administrative states on agency dynamics grounds.

Table showing how states approach agency dynamics

The table below includes each state in alphabetical order and indicates how specific provisions in their constitutions or APAs address agency dynamics. Ballotpedia evaluated each state according to the following questions in 2020:

  • Does the state APA or constitution prohibit administrative agency rules made in ways that do not follow established rulemaking procedures?
  • Does the state constitution or APA have sunsetting provisions for all agency rules?
  • Does the state APA or constitution require agencies to perform cost-benefit analysis before implementing any new rules?
  • Does the state APA or constitution restrict the use of guidance documents?
  • Does the state APA or constitution specify qualifications for any (even one) of their administrative agency leaders

For the answers:

  • Yes means that the state's APA or constitution limits the power of the administrative state
  • No means that the state APA or constitution expands or does not limit the power of the administrative state
  • The numbers at the right side of the table indicate how many yeses and nos each state has

Other state laws that might address how a state approaches agency dynamics are beyond the scope of this survey.

State Rulemaking enforced Sunsetting Cost-benefit analysis Guidance restrictions Qualifications for agency leaders Yeses Nos
Alabama Yes No No No Yes 2 3
Alaska Yes No No No Yes 2 3
Arizona Yes No Yes No Yes 3 2
Arkansas Yes No Yes No Yes 3 2
California Yes No Yes Yes Yes 4 1
Colorado Yes Yes No No Yes 3 2
Connecticut Yes No Yes No No 2 3
Delaware No No No No No 0 5
Florida Yes No Yes No Yes 3 2
Georgia Yes No Yes No Yes 3 2
Hawaii Yes No No No Yes 2 3
Idaho Yes Yes No Yes Yes 4 1
Illinois Yes No No No No 1 4
Indiana Yes Yes Yes No No 3 2
Iowa Yes No No No No 1 4
Kansas No No No No Yes 1 4
Kentucky Yes Yes Yes Yes Yes 5 0
Louisiana Yes No Yes No Yes 3 2
Maine Yes No Yes No No 2 3
Maryland Yes No No No No 1 4
Massachusetts Yes No Yes No No 2 3
Michigan Yes No Yes Yes Yes 4 1
Minnesota Yes No Yes No No 2 3
Mississippi Yes No Yes No Yes 3 2
Missouri Yes No No No Yes 2 3
Montana Yes No No No Yes 2 3
Nebraska Yes No Yes Yes No 3 2
Nevada Yes No Yes No No 2 3
New Hampshire Yes Yes Yes No No 3 2
New Jersey Yes Yes Yes Yes No 4 1
New Mexico Yes No No No No 1 4
New York Yes No Yes Yes Yes 4 1
North Carolina No Yes Yes Yes No 3 2
North Dakota Yes No No No No 1 4
Ohio Yes No Yes No No 2 3
Oklahoma Yes No Yes No Yes 3 2
Oregon Yes No Yes No Yes 3 2
Pennsylvania No No No No Yes 1 4
Rhode Island Yes Yes Yes Yes No 4 1
South Carolina Yes No No No Yes 2 3
South Dakota Yes No No No No 1 4
Tennessee Yes Yes No No No 2 3
Texas Yes Yes Yes No No 3 2
Utah No No No No No 0 5
Vermont Yes No Yes No No 2 3
Virginia Yes No Yes No Yes 3 2
Washington Yes No No Yes Yes 3 2
West Virginia Yes Yes Yes Yes No 4 1
Wisconsin Yes No Yes Yes No 3 2
Wyoming Yes No No No Yes 3 2

See also

Footnotes

v • e
The Administrative State
MainThe Administrative State Project Badge.png
Pillars
Reporting
Laws
Administrative Procedure Act • Antiquities Act • Civil Service Reform Act • Clayton Antitrust Act • Communications Act of 1934 • Congressional Review Act • Electronic Freedom of Information Act • Federal Food, Drug, and Cosmetic Act of 1938 • Federal Housekeeping Statute • Federal Reserve Act • Federal Trade Commission Act of 1914 • Freedom of Information Act • Government in the Sunshine Act • Independent Offices Appropriations Act of 1952 • Information Quality Act • Interstate Commerce Act • National Labor Relations Act • Paperwork Reduction Act • Pendleton Act • Privacy Act of 1974 • Regulatory Flexibility Act • REINS Act • REINS Act (Wisconsin) • Securities Act of 1933 • Securities Exchange Act of 1934 • Sherman Antitrust Act • Small Business Regulatory Enforcement Fairness Act • Truth in Regulating Act • Unfunded Mandates Reform Act
Cases
Abbott Laboratories v. Gardner • A.L.A. Schechter Poultry Corp. v. United States • Association of Data Processing Service Organizations v. Camp • Auer v. Robbins • Chevron v. Natural Resources Defense Council • Citizens to Preserve Overton Park v. Volpe • Federal Trade Commission (FTC) v. Standard Oil Company of California • Field v. Clark • Food and Drug Administration v. Brown and Williamson Tobacco Corporation • Humphrey's Executor v. United States • Immigration and Naturalization Service (INS) v. Chadha • J.W. Hampton Jr. & Company v. United States • Lucia v. SEC • Marshall v. Barlow's • Massachusetts v. Environmental Protection Agency • Mistretta v. United States • National Federation of Independent Business (NFIB) v. Sebelius • National Labor Relations Board v. Noel Canning Company • National Labor Relations Board v. Sears, Roebuck & Co. • Panama Refining Co. v. Ryan • Securities and Exchange Commission v. Chenery Corporation • Skidmore v. Swift & Co. • United States v. Lopez • United States v. Western Pacific Railroad Co. • Universal Camera Corporation v. National Labor Relations Board • Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council • Wayman v. Southard • Weyerhaeuser Company v. United States Fish and Wildlife Service • Whitman v. American Trucking Associations • Wickard v. Filburn • Wiener v. United States
Terms
Adjudication (administrative state) • Administrative judge • Administrative law • Administrative law judge • Administrative state • Arbitrary-or-capricious test • Auer deference • Barrier to entry • Bootleggers and Baptists • Chevron deference (doctrine) • Civil servant • Civil service • Code of Federal Regulations • Codify (administrative state) • Comment period • Compliance costs • Congressional Record • Coordination (administrative state) • Deference (administrative state) • Direct and indirect costs (administrative state) • Enabling statute • Ex parte communication (administrative state) • Executive agency • Federal law • Federal Register • Federalism • Final rule • Formal rulemaking • Formalism (law) • Functionalism (law) • Guidance (administrative state) • Hybrid rulemaking • Incorporation by reference • Independent federal agency • Informal rulemaking • Joint resolution of disapproval (administrative state) • Major rule • Negotiated rulemaking • Nondelegation doctrine • OIRA prompt letter • Organic statute • Pragmatism (law) • Precautionary principle • Promulgate • Proposed rule • Publication rulemaking • Regulatory budget • Regulatory capture • Regulatory dark matter • Regulatory impact analysis • Regulatory policy officer • Regulatory reform officer • Regulatory review • Rent seeking • Retrospective regulatory review • Risk assessment (administrative state) • Rulemaking • Separation of powers • Significant regulatory action • Skidmore deference • Statutory authority • Substantive law and procedural law • Sue and settle • Sunset provision • Unified Agenda of Federal Regulatory and Deregulatory Actions • United States Code • United States Statutes at Large
Bibliography
Agencies

Footnotes

v • e
The Administrative State
MainThe Administrative State Project Badge.png
Pillars
Reporting
Laws
Administrative Procedure Act • Antiquities Act • Civil Service Reform Act • Clayton Antitrust Act • Communications Act of 1934 • Congressional Review Act • Electronic Freedom of Information Act • Federal Food, Drug, and Cosmetic Act of 1938 • Federal Housekeeping Statute • Federal Reserve Act • Federal Trade Commission Act of 1914 • Freedom of Information Act • Government in the Sunshine Act • Independent Offices Appropriations Act of 1952 • Information Quality Act • Interstate Commerce Act • National Labor Relations Act • Paperwork Reduction Act • Pendleton Act • Privacy Act of 1974 • Regulatory Flexibility Act • REINS Act • REINS Act (Wisconsin) • Securities Act of 1933 • Securities Exchange Act of 1934 • Sherman Antitrust Act • Small Business Regulatory Enforcement Fairness Act • Truth in Regulating Act • Unfunded Mandates Reform Act
Cases
Abbott Laboratories v. Gardner • A.L.A. Schechter Poultry Corp. v. United States • Association of Data Processing Service Organizations v. Camp • Auer v. Robbins • Chevron v. Natural Resources Defense Council • Citizens to Preserve Overton Park v. Volpe • Federal Trade Commission (FTC) v. Standard Oil Company of California • Field v. Clark • Food and Drug Administration v. Brown and Williamson Tobacco Corporation • Humphrey's Executor v. United States • Immigration and Naturalization Service (INS) v. Chadha • J.W. Hampton Jr. & Company v. United States • Lucia v. SEC • Marshall v. Barlow's • Massachusetts v. Environmental Protection Agency • Mistretta v. United States • National Federation of Independent Business (NFIB) v. Sebelius • National Labor Relations Board v. Noel Canning Company • National Labor Relations Board v. Sears, Roebuck & Co. • Panama Refining Co. v. Ryan • Securities and Exchange Commission v. Chenery Corporation • Skidmore v. Swift & Co. • United States v. Lopez • United States v. Western Pacific Railroad Co. • Universal Camera Corporation v. National Labor Relations Board • Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council • Wayman v. Southard • Weyerhaeuser Company v. United States Fish and Wildlife Service • Whitman v. American Trucking Associations • Wickard v. Filburn • Wiener v. United States
Terms
Adjudication (administrative state) • Administrative judge • Administrative law • Administrative law judge • Administrative state • Arbitrary-or-capricious test • Auer deference • Barrier to entry • Bootleggers and Baptists • Chevron deference (doctrine) • Civil servant • Civil service • Code of Federal Regulations • Codify (administrative state) • Comment period • Compliance costs • Congressional Record • Coordination (administrative state) • Deference (administrative state) • Direct and indirect costs (administrative state) • Enabling statute • Ex parte communication (administrative state) • Executive agency • Federal law • Federal Register • Federalism • Final rule • Formal rulemaking • Formalism (law) • Functionalism (law) • Guidance (administrative state) • Hybrid rulemaking • Incorporation by reference • Independent federal agency • Informal rulemaking • Joint resolution of disapproval (administrative state) • Major rule • Negotiated rulemaking • Nondelegation doctrine • OIRA prompt letter • Organic statute • Pragmatism (law) • Precautionary principle • Promulgate • Proposed rule • Publication rulemaking • Regulatory budget • Regulatory capture • Regulatory dark matter • Regulatory impact analysis • Regulatory policy officer • Regulatory reform officer • Regulatory review • Rent seeking • Retrospective regulatory review • Risk assessment (administrative state) • Rulemaking • Separation of powers • Significant regulatory action • Skidmore deference • Statutory authority • Substantive law and procedural law • Sue and settle • Sunset provision • Unified Agenda of Federal Regulatory and Deregulatory Actions • United States Code • United States Statutes at Large
Bibliography
Agencies
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