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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 This page is likely outdated and may be incomplete.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

v • e
The Administrative State
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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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