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Agency dynamics: States that define what qualifies as a guidance document (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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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 This page is likely outdated and may be incomplete.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 contains information from a Ballotpedia survey about administrative 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 determine which states defined what qualifies as a guidance document as of September 2020.

Guidance is a term used to describe a variety of documents created by government agencies to explain, interpret, or advise interested parties about rules, laws, and procedures. Guidance documents typically clarify and affect how agencies administer regulations and programs.

According to the Ballotpedia survey, 12 state APAs included provisions that define what qualifies as a guidance document, and the other 38 states did not have provisions in their APAs or constitutions defining guidance as of September 2020.

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.



Background and methodology

Background

For this survey, Ballotpedia examined whether states define what qualifies as a guidance document. In general, guidance is a term in administrative law used to describe a variety of documents created by government agencies to explain, interpret, or advise interested parties about rules, laws, and procedures. Guidance documents clarify and affect how agencies administer regulations and programs. However, they are not legally binding in the same way as rules made using the rulemaking procedures established by a state's Administrative Procedure Act.

Methodology

Ballotpedia examined all 50 state constitutions and Administrative Procedure Acts (APAs) to see whether states defined what qualifies as a guidance document. Ballotpedia reviewed each provision involving agency rulemaking to see if states explained the difference between administrative rules, orders, and other pronouncements that agencies make that may influence how the agencies interpret laws and regulations.

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.

Other state laws might have defined what qualifies as a guidance document but those are beyond the scope of this survey.

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

Summary of findings

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

  • 12 states had APAs with provisions that define what qualifies as a guidance document.
  • 38 states had APAs and constitutions that did not appear to define what qualifies as a guidance document.

Results: States that defined what qualifies as a guidance document

The table below includes each state in alphabetical order and indicates those with specific provisions in their constitutions or APAs that define what qualifies as a guidance document.

  • Done means that the state APA or constitution defined what qualifies as a guidance document
  • DefeatedA means that the state APA or constitution did not define what qualifies as a guidance document

Other state laws that might have defined what qualifies as a guidance document are beyond the scope of this survey.

State Constitution or APA provisions that defined what qualifies as a guidance document as of September 2020
Alabama DefeatedA
Alaska DefeatedA
Arizona DefeatedA
Arkansas DefeatedA
California Done
Colorado DefeatedA
Connecticut DefeatedA
Delaware DefeatedA
Florida DefeatedA
Georgia DefeatedA
Hawaii DefeatedA
Idaho Done
Illinois DefeatedA
Indiana DefeatedA
Iowa DefeatedA
Kansas DefeatedA
Kentucky Done
Louisiana DefeatedA
Maine DefeatedA
Maryland DefeatedA
Massachusetts DefeatedA
Michigan Done
Minnesota DefeatedA
Mississippi DefeatedA
Missouri DefeatedA
Montana DefeatedA
Nebraska Done
Nevada DefeatedA
New Hampshire DefeatedA
New Jersey Done
New Mexico DefeatedA
New York Done
North Carolina Done
North Dakota DefeatedA
Ohio DefeatedA
Oklahoma DefeatedA
Oregon DefeatedA
Pennsylvania DefeatedA
Rhode Island Done
South Carolina DefeatedA
South Dakota DefeatedA
Tennessee DefeatedA
Texas DefeatedA
Utah DefeatedA
Vermont DefeatedA
Virginia DefeatedA
Washington Done
West Virginia Done
Wisconsin Done
Wyoming DefeatedA

See also

Footnotes