Agency dynamics: States that define what qualifies as a guidance document (2020)

This survey is part of a series of 50-state surveys examining the five pillars key to understanding the administrative state |
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 This page is likely outdated and may be incomplete.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:
- Background and methodology
- Summary of key findings
- Table showing states that defined what qualifies as a guidance document
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.
means that the state APA or constitution defined what qualifies as a guidance document
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 |
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Alabama | ![]() |
Alaska | ![]() |
Arizona | ![]() |
Arkansas | ![]() |
California | ![]() |
Colorado | ![]() |
Connecticut | ![]() |
Delaware | ![]() |
Florida | ![]() |
Georgia | ![]() |
Hawaii | ![]() |
Idaho | ![]() |
Illinois | ![]() |
Indiana | ![]() |
Iowa | ![]() |
Kansas | ![]() |
Kentucky | ![]() |
Louisiana | ![]() |
Maine | ![]() |
Maryland | ![]() |
Massachusetts | ![]() |
Michigan | ![]() |
Minnesota | ![]() |
Mississippi | ![]() |
Missouri | ![]() |
Montana | ![]() |
Nebraska | ![]() |
Nevada | ![]() |
New Hampshire | ![]() |
New Jersey | ![]() |
New Mexico | ![]() |
New York | ![]() |
North Carolina | ![]() |
North Dakota | ![]() |
Ohio | ![]() |
Oklahoma | ![]() |
Oregon | ![]() |
Pennsylvania | ![]() |
Rhode Island | ![]() |
South Carolina | ![]() |
South Dakota | ![]() |
Tennessee | ![]() |
Texas | ![]() |
Utah | ![]() |
Vermont | ![]() |
Virginia | ![]() |
Washington | ![]() |
West Virginia | ![]() |
Wisconsin | ![]() |
Wyoming | ![]() |
See also
Footnotes