Executive control of agencies: State executive removal power over agency officials (2020)

From Ballotpedia
Jump to: navigation, search
New Administrative State Banner.png
This survey is part of a series of 50-state surveys examining the five pillars key to understanding the administrative state
Administrative State
Administrative State Icon Gold.png
Five Pillars of the Administrative State
•Agency control
• Executive control
• Judicial control
•Legislative control
• Public Control
Click here for more coverage of the administrative state on Ballotpedia.
Click here to access Ballotpedia's administrative state legislation tracker.


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 This page is likely outdated and may be incomplete.

BP-Initials-UPDATED.png This Ballotpedia article is in need of updates. Please email us if you would like to suggest a revision. If you would like to help our coverage grow, consider donating to Ballotpedia.


This page contains information from a Ballotpedia survey about state constitutions or administrative procedure acts that granted executive removal power over agency officials as of 2020. Whether governors have the power to remove agency officials provides insight into how executive control of agencies works at the state level. Executive control is one of the five pillars key to understanding the main areas of debate about the nature and scope of the administrative state.

Ballotpedia surveyed all 50 state constitutions and administrative procedure acts (APAs) to learn whether governors had removal powers similar to the President of the United States.

According to the survey, most state constitutions allowed governors to remove agency officials. A plurality of those constitutions did not require governors to cite a particular cause before removing an official.

State APAs govern procedures for state administrative agencies to propose and issue regulations, adjudicate disputes, and provide for judicial review of agency decisions. Many state APAs are modeled on the federal APA, which governs the administrative processes of federal executive branch agencies. Text of all 50 state APAs is available 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.

Summary of findings

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

  • 26 states, 52%, had constitutions that granted executive removal power to the governor
  • Of the 26 state constitutions granting removal power, 14 granted at-will removal power (they did not require governors to cite specific reasons for removing officers)
  • Of the 26 state constitutions granting removal power, 12 states protected agency officials from at-will removal by requiring governors to cite a specific cause first
  • The Florida Constitution provided that some officers serve at the pleasure of the governor, some required senate or cabinet approval before the governor may remove them, and the governor could remove others only for cause
  • 4 states, 8%, had APAs that granted the governor removal powers over certain officials
  • The Michigan Constitution and APA both granted removal powers

States with APA or constitutions that granted executive removal power over agency officials

The table below includes each state in alphabetical order and indicates those with specific provisions in their constitutions or APAs granting executives removal power over agency officials.

  • Done means that the state constitution or APA granted executive removal power over agency officials
  • DefeatedA means that the state constitution or APA did not grant executive removal power over agency officials
State Constitutional provision granting executive removal power over agency officials State APA provision granting executive removal power over agency officials
Alabama DefeatedA DefeatedA
Alaska Done DefeatedA
Arizona DefeatedA DefeatedA
Arkansas Done DefeatedA
California DefeatedA DefeatedA
Colorado Done DefeatedA
Connecticut DefeatedA DefeatedA
Delaware Done DefeatedA
Florida Done DefeatedA
Georgia DefeatedA Done
Hawaii Done DefeatedA
Idaho DefeatedA DefeatedA
Illinois Done DefeatedA
Indiana DefeatedA DefeatedA
Iowa DefeatedA DefeatedA
Kansas DefeatedA DefeatedA
Kentucky DefeatedA DefeatedA
Louisiana Done DefeatedA
Maine Done DefeatedA
Maryland Done DefeatedA
Massachusetts DefeatedA DefeatedA
Michigan Done Done
Minnesota DefeatedA Done
Mississippi DefeatedA DefeatedA
Missouri Done DefeatedA
Montana Done DefeatedA
Nebraska Done DefeatedA
Nevada DefeatedA DefeatedA
New Hampshire Done DefeatedA
New Jersey Done DefeatedA
New Mexico Done DefeatedA
New York Done DefeatedA
North Carolina DefeatedA DefeatedA
North Dakota DefeatedA DefeatedA
Ohio DefeatedA DefeatedA
Oklahoma Done DefeatedA
Oregon DefeatedA Done
Pennsylvania Done DefeatedA
Rhode Island DefeatedA DefeatedA
South Carolina Done DefeatedA
South Dakota Done DefeatedA
Tennessee DefeatedA DefeatedA
Texas Done DefeatedA
Utah DefeatedA DefeatedA
Vermont DefeatedA DefeatedA
Virginia Done DefeatedA
Washington DefeatedA DefeatedA
West Virginia Done DefeatedA
Wisconsin DefeatedA DefeatedA
Wyoming Done DefeatedA

Text of state constitutions that granted at-will executive removal power over agency officials

This section contains text from the state constitutions that granted governors the power to remove agency officials at will, which means that they did not need to cite specific reasons first.

Some sections display whole sections from a state constitution while others only show relevant segments.

Alaska

See also: Alaska Constitution and Alaska Administrative Procedure Act

Article III, Section 25 of the Alaska Constitution:

The head of each principal department shall be a single executive unless otherwise provided by law. He shall be appointed by the governor, subject to confirmation by a majority of the members of the legislature in joint session, and shall serve at the pleasure of the governor, except as otherwise provided in this article with respect to the secretary of state.[1]

Florida

See also: Florida Constitution and Florida Administrative Procedure Act

Article IV, Sections 6 and 7 of the Florida Constitution:

SECTION 6. Executive departments.


All functions of the executive branch of state government shall be allotted among not more than twenty-five departments, exclusive of those specifically provided for or authorized in this constitution. The administration of each department, unless otherwise provided in this constitution, shall be placed by law under the direct supervision of the governor, the lieutenant governor, the governor and cabinet, a cabinet member, or an officer or board appointed by and serving at the pleasure of the governor, except:

(a) When provided by law, confirmation by the senate or the approval of three members of the cabinet shall be required for appointment to or removal from any designated statutory office.
(b) Boards authorized to grant and revoke licenses to engage in regulated occupations shall be assigned to appropriate departments and their members appointed for fixed terms, subject to removal only for cause.

SECTION 7. Suspensions; filling office during suspensions.

(a) By executive order stating the grounds and filed with the custodian of state records, the governor may suspend from office any state officer not subject to impeachment, any officer of the militia not in the active service of the United States, or any county officer, for malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official duties, or commission of a felony, and may fill the office by appointment for the period of suspension. The suspended officer may at any time before removal be reinstated by the governor.[2]

Hawaii

See also: Hawaii Constitution and Hawaii Administrative Procedure Act

Article V, Section 6 of the Hawaii Constitution:

Each principal department shall be under the supervision of the governor and, unless otherwise provided in this constitution or by law, shall be headed by a single executive. Such single executive shall be nominated and, by and with the advice and consent of the senate, appointed by the governor. That person shall hold office for a term to expire at the end of the term for which the governor was elected, unless sooner removed by the governor; except that the removal of the chief legal officer of the State shall be subject to the advice and consent of the senate. ... If the manner or removal of an officer is not prescribed in this constitution, removal shall be as provided by law.[3]

Louisiana

See also: Louisiana Constitution and Louisiana Administrative Procedure Act

Article IV, Section 5(I) of the Louisiana Constitution:

Removal Power. The governor may remove from office a person he appoints, except a person appointed for a term fixed by this constitution or by law.[4]

Maryland

See also: Maryland Constitution and Maryland Administrative Procedure Act

Article II, Section 22 of the Maryland Constitution grants removal power over the secretary of state:

A Secretary of State shall be appointed by the Governor, by and with the advice and consent of the Senate, who shall continue in office, unless sooner removed by the Governor, till the end of the official term of the Governor from whom he received his appointment, and receive such annual salary as the General Assembly may from time to time by law prescribe[5]

Missouri

See also: Missouri Constitution and Missouri Administrative Procedure Act

Article IV, Section 17 of the Missouri Constitution:

The heads of all the executive departments shall be appointed by the governor, by and with the advice and consent of the senate. All appointive officers may be removed by the governor and shall possess the qualifications required by this constitution or by law.[6]

Montana

See also: Montana Constitution and Montana Administrative Procedure Act

Article VI, Section 8 of the Montana Constitution:

(1) The departments provided for in section 7 shall be under the supervision of the governor. Except as otherwise provided in this constitution or by law, each department shall be headed by a single executive appointed by the governor subject to confirmation by the senate to hold office until the end of the governor’s term unless sooner removed by the governor.


(2) The governor shall appoint, subject to confirmation by the senate, all officers provided for in this constitution or by law whose appointment or election is not otherwise provided for. They shall hold office until the end of the governor’s term unless sooner removed by the governor.[7]

Nebraska

See also: Nebraska Constitution and Nebraska Administrative Procedure Act

Article IV, Section 1 of the Nebraska Constitution:

The heads of all executive departments established by law, other than those to be elected as provided herein, shall be appointed by the Governor, with the consent of a majority of all members elected to the Legislature, but officers so appointed may be removed by the Governor. Subject to the provisions of this Constitution, the heads of the various executive or civil departments shall have power to appoint and remove all subordinate employees in their respective departments. [8]

New Jersey

See also: New Jersey Constitution and New Jersey Administrative Procedure Act

Article V, Section 4 of the New Jersey Constitution:

4. Whenever a board, commission or other body shall be the head of a principal department, the members thereof shall be nominated and appointed by the Governor with the advice and consent of the Senate, and may be removed in the manner provided by law. The Governor may appoint the Lieutenant Governor hereto without the advice and consent of the Senate. Such a board, commission or other body may appoint a principal executive officer when authorized by law, but the appointment shall be subject to the approval of the Governor. Any principal executive officer so appointed shall be removable by the Governor, upon notice and an opportunity to be heard.[9]

New Mexico

See also: New Mexico Constitution and New Mexico Administrative Procedure Act

Article V, Section 5 of the New Mexico Constitution:

The governor shall nominate and, by and with the consent of the senate, appoint all officers whose appointment or election is not otherwise provided for and may remove any officer appointed by him unless otherwise provided by law.[10]

New York

See also: New York Constitution and New York Administrative Procedure Act

Article V, Section 4 of the New York Constitution:

The head of the department of audit and control shall be the comptroller and of the department of law, the attorney-general. The head of the department of education shall be The Regents of the University of the State of New York, who shall appoint and at pleasure remove a commissioner of education to be the chief administrative officer of the department. The head of the department of agriculture and markets shall be appointed in a manner to be prescribed by law. Except as otherwise provided in this constitution, the heads of all other departments and the members of all boards and commissions, excepting temporary commissions for special purposes, shall be appointed by the governor by and with the advice and consent of the senate and may be removed by the governor, in a manner to be prescribed by law.[11]

Pennsylvania

See also: Pennsylvania Constitution and Pennsylvania Administrative Procedure Act

Article VI, Section 7 of the Pennsylvania Constitution:

All civil officers shall hold their offices on the condition that they behave themselves well while in office, and shall be removed on conviction of misbehavior in office or of any infamous crime. Appointed civil officers, other than judges of the courts of record, may be removed at the pleasure of the power by which they shall have been appointed. All civil officers elected by the people, except the Governor, the Lieutenant Governor, members of the General Assembly and judges of the courts of record, shall be removed by the Governor for reasonable cause, after due notice and full hearing, on the address of two-thirds of the Senate.[12]

South Dakota

See also: South Dakota Constitution and South Dakota Administrative Procedure Act

Article IV, Section 9 of the South Dakota Constitution:

Appointment and removal power. Each principal department shall be under the supervision of the Governor and, unless otherwise provided in this Constitution or by law, shall be headed by a single executive. Such single executive, unless provided otherwise by the Constitution, shall be nominated and, by and with the advice and consent of the senate, appointed by the Governor and shall hold office for a term to expire at the end of the term for which the Governor was elected, unless sooner removed by the Governor.


Except as otherwise provided in this Constitution, whenever a board, commission or other body shall head a principal department of the state government, the members thereof shall be nominated and, by and with the advice and consent of the senate, appointed by the Governor. The term of office and removal of such members shall be as prescribed by law.[13]

Texas

See also: Texas Constitution and Texas Administrative Procedure Act

Article XV, Sections 7 and 9 of the Texas Constitution:

Sec. 7. REMOVAL OF OFFICERS WHEN MODE NOT PROVIDED IN CONSTITUTION.


The Legislature shall provide by law for the trial and removal from office of all officers of this State, the modes for which have not been provided in this Constitution.

Sec. 9. REMOVAL OF PUBLIC OFFICER BY APPOINTING GOVERNOR WITH ADVICE AND CONSENT OF SENATE.

(a) In addition to the other procedures provided by law for removal of public officers, the governor who appoints an officer may remove the officer with the advice and consent of two-thirds of the members of the senate present.[14]

Virginia

See also: Virginia Constitution and Virginia Administrative Procedure Act

Article V, Section 10 of the Virginia Constitution:

Except as may be otherwise provided in this Constitution, the Governor shall appoint each officer serving as the head of an administrative department or division of the executive branch of the government, subject to such confirmation as the General Assembly may prescribe. Each officer appointed by the Governor pursuant to this section shall have such professional qualifications as may be prescribed by law and shall serve at the pleasure of the Governor.[15]

Text of state constitutions that granted for-cause executive removal power over agency officials

This section contains text from the state constitutions that granted governors the power to remove agency officials for cause, which means that they must cite specific reasons first.

Some sections display whole sections from a state constitution while others only show relevant segments.

Arkansas

See also: Arkansas Constitution and Arkansas Administrative Procedure Act

Article 15, Section 3 of the Arkansas Constitution:

The governor, upon the joint address of two-thirds of all the members elected to each House of the General Assembly, for good cause, may remove the Auditor, Treasurer, Secretary of State, Attorney-General, Judges of the Supreme and Circuit Courts, Chancellors and Prosecuting Attorneys.[16]

Colorado

See also: Colorado Constitution and Colorado Administrative Procedure Act

Article IV, Section 6 of the Colorado Constitution:

(1) The governor shall nominate, and, by and with the consent of the senate, appoint all officers whose offices are established by this constitution, or which may be created by law, and whose appointment or election is not otherwise provided for, and may remove any such officer for incompetency, neglect of duty, or malfeasance in office.[17]

Delaware

See also: Delaware Constitution and Delaware Administrative Procedure Act

Article III, Section 13 of the Delaware Constitution:

The Governor may for any reasonable cause remove any officer, except the Lieutenant-Governor and members of the General Assembly, upon the address of two-thirds of all the members elected to each House of the General Assembly. Whenever the General Assembly shall so address the Governor, the cause of removal shall be entered on the journals of each House. The person against whom the General Assembly may be about to proceed shall receive notice thereof, accompanied with the cause alleged for his or her removal, at least ten days before the day on which either House of the General Assembly shall act thereon.[18]

Florida

See also: Florida Constitution and Florida Administrative Procedure Act

Article IV, Sections 6 and 7 of the Florida Constitution:

SECTION 6. Executive departments.


All functions of the executive branch of state government shall be allotted among not more than twenty-five departments, exclusive of those specifically provided for or authorized in this constitution. The administration of each department, unless otherwise provided in this constitution, shall be placed by law under the direct supervision of the governor, the lieutenant governor, the governor and cabinet, a cabinet member, or an officer or board appointed by and serving at the pleasure of the governor, except:

(a) When provided by law, confirmation by the senate or the approval of three members of the cabinet shall be required for appointment to or removal from any designated statutory office.
(b) Boards authorized to grant and revoke licenses to engage in regulated occupations shall be assigned to appropriate departments and their members appointed for fixed terms, subject to removal only for cause.

SECTION 7. Suspensions; filling office during suspensions.

(a) By executive order stating the grounds and filed with the custodian of state records, the governor may suspend from office any state officer not subject to impeachment, any officer of the militia not in the active service of the United States, or any county officer, for malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official duties, or commission of a felony, and may fill the office by appointment for the period of suspension. The suspended officer may at any time before removal be reinstated by the governor.[2]

Illinois

See also: Illinois Constitution and Illinois Administrative Procedure Act

Article V, Section 10 of the Illinois Constitution:

The Governor may remove for incompetence, neglect of duty, or malfeasance in office any officer who may be appointed by the Governor.[19]

Maine

See also: Maine Constitution and Maine Administrative Procedure Act

Article IX, Section 5 of the Maine Constitution:

Every person holding any civil office under this State, may be removed by impeachment, for misdemeanor in office; and every person holding any office, may be removed by the Governor on the address of both branches of the Legislature. But before such address shall pass either House, the causes of removal shall be stated and entered on the journal of the House in which it originated, and a copy thereof served on the person in office, that the person may be admitted to a hearing in that person's own defense.[20]

Michigan

See also: Michigan Constitution and Michigan Administrative Procedure Act

Article V, Section 10 of the Michigan Constitution:

The governor shall have power and it shall be his duty to inquire into the condition and administration of any public office and the acts of any public officer, elective or appointive. He may remove or suspend from office for gross neglect of duty or for corrupt conduct in office, or for any other misfeasance or malfeasance therein, any elective or appointive state officer, except legislative or judicial, and shall report the reasons for such removal or suspension to the legislature.[21]

New Hampshire

See also: New Hampshire Constitution and New Hampshire Administrative Procedure Act

Part 2, Article 73 of the New Hampshire Constitution:

The tenure that all commissioned officers shall have by law in their offices shall be expressed in their respective commissions, and all judicial officers duly appointed, commissioned and sworn, shall hold their offices during good behavior except those for whom a different provision is made in this constitution. The governor with consent of the council may remove any commissioned officer for reasonable cause upon the address of both houses of the legislature, provided nevertheless that the cause for removal shall be stated fully and substantially in the address and shall not be a cause which is a sufficient ground for impeachment, and provided further that no officer shall be so removed unless he shall have had an opportunity to be heard in his defense by a joint committee of both houses of the legislature.[22]

Oklahoma

See also: Oklahoma Constitution and Oklahoma Administrative Procedure Act

Article 8, Section 2 of the Oklahoma Constitution:

All elective officers, not liable to impeachment, shall be subject to removal from office in such manner and for such causes as may be provided by law.[23]

South Carolina

See also: South Carolina Constitution and South Carolina Administrative Procedure Act

Article XV, Section 3 of the South Carolina Constitution:

For any willful neglect of duty, or other reasonable cause, which shall not be sufficient ground of impeachment, the Governor shall remove any executive or judicial officer on the address of two thirds of each house of the General Assembly: Provided, that the cause or causes for which said removal may be required shall be stated at length in such address, and entered on the Journals of each house: And, provided, further, that the officer intended to be removed shall be notified of such cause or causes, and shall be admitted to a hearing in his own defense, or by his counsel, or by both, before any vote for such address; and in all cases the vote shall be taken by yeas and nays, and be entered on the Journal of each house respectively.[24]

West Virginia

See also: West Virginia Constitution and West Virginia Administrative Procedure Act

Article VII, Section 10 of the West Virginia Constitution:

The governor shall have power to remove any officer whom he may appoint in case of incompetency, neglect of duty, gross immorality, or malfeasance in office;[25]

Wyoming

See also: Wyoming Constitution and Wyoming Administrative Procedure Act

Article III, Section 19 of the Wyoming Constitution:

Except as hereafter provided, all officers not liable to impeachment shall be subject to removal for misconduct or malfeasance in office as provided by law. Any person appointed by the governor to serve as head of a state agency, or division thereof, or to serve as a member of a state board or commission, may be removed by the governor as provided by law[26]

Text of state APAs that granted executive removal power over agency officials

This section contains text from the state APAs that granted governors the power to remove agency officials.

Some sections display whole articles from a state APA while others only show relevant segments.

Georgia

See also: Georgia Constitution and Georgia Administrative Procedure Act

Section 50-13-40 of the Georgia APA gives the governor for cause removal power over the chief administrative law judge:

(b) The head of the office shall be the chief state administrative law judge who shall be appointed by the Governor, shall serve a term of six years, shall be eligible for reappointment, and may be removed by the Governor for cause.[27]

Michigan

See also: Michigan Constitution and Michigan Administrative Procedure Act

Section 24.265(9) of the Michigan APA grants the governor for-cause removal power over members of the environmental rules review committee:

(9) The governor may remove a voting member of the environmental rules review committee for cause. Cause includes, but is not limited to, repeated failure to attend meetings[28]

Minnesota

See also: Minnesota Constitution and Minnesota Administrative Procedure Act

Section 14.48 of the Minnesota APA grants the executive for-cause removal power over the chief administrative law judge:

Subd. 3. Administrative law judges and compensation judges. (a) All administrative law judges and compensation judges shall be in the classified service except that the chief administrative law judge shall be in the unclassified service, but may be removed only for cause.[29]

Oregon

See also: Oregon Constitution and Oregon Administrative Procedure Act

Section 183.610 of the Oregon APA grants the governor for-cause removal power over the chief administrative law judge:

The chief administrative law judge shall serve for a term of four years. Notwithstanding ORS 236.140, the Governor may remove the chief administrative law judge only for cause.[30]

See also

Footnotes

  1. ↑ Office of the Lieutenant Governor of Alaska, "The Constitution of the State of Alaska," accessed March 5, 2020
  2. ↑ 2.0 2.1 Florida Legislature, "Constitution of the State of Florida," accessed March 6, 2020
  3. ↑ Hawaii Legislative Reference Bureau, "The Constitution of the State of Hawaii," accessed March 6, 2020
  4. ↑ Louisiana State Senate, "Louisiana Constitution of 1974," accessed March 6, 2020
  5. ↑ State of Maryland, "Constitution of Maryland, Article II," accessed March 6, 2020
  6. ↑ Missouri Secretary of State, "Constitution of the State of Missouri," accessed March 6, 2020
  7. ↑ Montana Legislature, "Constitution of the State of Montana," accessed March 6, 2020
  8. ↑ Nebraska Legislature, "Constitution of Nebraska," accessed March 6, 2020
  9. ↑ New Jersey Legislature, "New Jersey State Constitution 1947," accessed March 6, 2020
  10. ↑ State of New Mexico, "New Mexico Constitution," accessed March 6, 2020
  11. ↑ New York Department of State, "New York State Constitution," accessed March 6, 2020
  12. ↑ Pennsylvania Legislature, "Constitution of Pennsylvania," accessed March 6, 2020
  13. ↑ South Dakota Legislature, "South Dakota Constitution," accessed March 6, 2020
  14. ↑ State of Texas, "Texas Constitution," accessed March 6, 2020
  15. ↑ Virginia General Assembly, "Virginia Constitution," accessed March 6, 2020
  16. ↑ Lexis Advance Code of Arkansas Public Access, "Arkansas Constitution Article 15, Section 3," accessed March 6, 2020
  17. ↑ Colorado Secretary of State, "United States and Colorado Constitutions," accessed March 6, 2020
  18. ↑ State of Delaware, "The Delaware Constitution, Article III," accessed March 6, 2020
  19. ↑ Illinois General Assembly, "Constitution of the State of Illinois," accessed March 6, 2020
  20. ↑ State of Maine, "Constitution of the State of Maine 2013 Arrangement," accessed March 6, 2020
  21. ↑ Michigan Legislature, "Constitution of Michigan of 1963," accessed March 6, 2020
  22. ↑ State of New Hampshire, "Constitution of New Hampshire," accessed March 6, 2020
  23. ↑ Oklahoma Department of Libraries, "Oklahoma Constitution," accessed March 6, 2020
  24. ↑ South Carolina State House, "South Carolina Constitution," accessed March 6, 2020
  25. ↑ West Virginia Legislature, "West Virginia Constitution," accessed March 6, 2020
  26. ↑ Wyoming Secretary of State, "Wyoming Constitution," accessed March 6, 2020
  27. ↑ JUSTIA, "2017 Georgia Code, Title 50 - State Government, Chapter 13 - Administrative Procedure, Article 2 - Office of State Administrative Hearings, § 50-13-40. Office created; chief state administrative law judge," accessed March 6, 2020
  28. ↑ Michigan Legislature, "Administrative Procedures Act of 1969," accessed March 6, 2020
  29. ↑ JUSTIA, "2017 Minnesota Statutes, Chapters 14 - 15A — STATE AGENCIES, Chapter 14 — ADMINISTRATIVE PROCEDURE, Section 14.48 — OFFICE OF ADMINISTRATIVE HEARINGS.," accessed March 6, 2020
  30. ↑ JUSTIA, "2017 Oregon Revised Statutes, Volume : 05 - State Government, Government Procedures, Land Use, Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties, Section 183.610 - Chief administrative law judge.," accessed March 6, 2020
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
Retrieved from "https://ballotpedia.org/wiki/index.php?title=Executive_control_of_agencies:_State_executive_removal_power_over_agency_officials&oldid=10490399"