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Nondelegation doctrine: States with regulatory review bodies (2020)

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This page contains information from a Ballotpedia survey about states with constitutions or administrative procedure acts that provided for a regulatory review body.

A regulatory review body is a specific legislative committee or executive agency that reviews new regulations before they go into effect. For this study, only dedicated entities such as joint committees on administrative rules (JCARs) were counted as regulatory review bodies. In some states, legislative committees with control over the same subject matter as a given regulation have the power to review that regulation. This page does not include such states among those with exclusive regulatory review organizations.

The Ballotpedia survey found that most states, 70%, had dedicated regulatory review bodies.

State administrative procedure acts (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 February 2020):

  • 33 states, 66%, had APA provisions for a regulatory review body
  • Two states, 4%, had constitutional provisions for a regulatory review body
  • 16 states, 32%, had neither APA nor constitutional provisions for a regulatory review body
  • Arkansas and Nevada had both APA and constitutional provisions for a regulatory review body
  • Utah's APA and constitution did not provide for a regulatory review body, but a separate law created one[1]
  • Of the 35 states with regulatory review bodies, 30 were legislative committees, 4 were executive agencies, and Wyoming had a legislative agency

States with APA or constitutional provisions for a regulatory review body

The table below includes each state in alphabetical order and indicates those with specific provisions in their constitutions or APAs describing a regulatory review body.

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

Text of state constitutional or APA provisions providing for a legislative committee as a regulatory review body

This section contains text from state constitutions and APAs that created legislative committees that act as regulatory review bodies. These committees examine regulations before they go into effect.

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

Alabama

See also: Alabama Constitution and Alabama Administrative Procedure Act

Section 3 of the Alabama APA:

... (2) COMMITTEE. The Joint Committee on Administrative Regulation Review shall be the members of the Legislative Council.[2]

Alaska

See also: Alaska Constitution and Alaska Administrative Procedure Act

Section 44.62.320 of the Alaska APA:

... (b) At the same time a regulation is filed by the lieutenant governor, the lieutenant governor shall submit the regulation to the chairman and all members of the Administrative Regulation Review Committee for review under AS 24.20.400 - 24.20.460 together with the fiscal information required to be prepared under AS 44.62.195.[3]

Arizona

See also: Arizona Constitution and Arizona Administrative Procedure Act

Section 41-1046 of the Arizona APA:

A. The administrative rules oversight committee is established. The committee has oversight over any rules except those rules exempted by section 41-1005.[4]

Arkansas

See also: Arkansas Constitution and Arkansas Administrative Procedure Act

Article 5, Section 42 of the Arkansas Constitution:

(a) The General Assembly may provide by law:


(1) For the review by a legislative committee of administrative rules promulgated by a state agency before the administrative rules become effective; and
(2) That administrative rules promulgated by a state agency shall not become effective until reviewed and approved by the legislative committee charged by law with the review of administrative rules under subdivision (a)(1) of this section.

(b) The review and approval by a legislative committee under subsection (a) of this section may occur during the interim or during a regular, special, or fiscal session of the General Assembly. [As added by Const. Amend. 92.][5]

Connecticut

See also: Connecticut Constitution and Connecticut Administrative Procedure Act

Section 4-170 of the Connecticut APA:

(a) There shall be a standing legislative committee to review all regulations of the several state departments and agencies following the proposal thereof, which shall consist of eight members of the House of Representatives, four from each major party, to be appointed on the first Wednesday after the first Monday in January in the odd-numbered years, by the speaker of said House, and six members of the Senate, three from each major party, to be appointed on or before said dates by the president pro tempore of the Senate.[6]

Florida

See also: Florida Constitution and Florida Administrative Procedure Act

Section 120.536(3) of the Florida APA:

The Administrative Procedures Committee or any substantially affected person may petition an agency to repeal any rule, or portion thereof, because it exceeds the rulemaking authority permitted by this section. Not later than 30 days after the date of filing the petition if the agency is headed by an individual, or not later than 45 days if the agency is headed by a collegial body, the agency shall initiate rulemaking proceedings to repeal the rule, or portion thereof, or deny the petition, giving a written statement of its reasons for the denial.[7]

Illinois

See also: Illinois Constitution and Illinois Administrative Procedure Act

Section 5-90 of the Illinois APA:

(a) The Joint Committee on Administrative Rules is established as a legislative support services agency subject to the Legislative Commission Reorganization Act of 1984. When feasible, the agenda of each meeting of the Joint Committee shall be submitted to the Secretary of State to be published at least 5 days before the meeting in the Illinois Register. The Joint Committee may also weekly, or as often as necessary, submit for publication in the Illinois Register lists of the dates on which notices under Section 5-40 were received and the dates on which the proposed rulemakings will be considered. The provisions of this subsection shall not prohibit the Joint Committee from acting upon an item that was not contained in the published agenda.[8]

Iowa

See also: Iowa Constitution and Iowa Administrative Procedure Act

Section 17A.8 of the Iowa APA:

There is created the “Administrative Rules Review Committee.” The committee shall be bipartisan ...[9]

Kentucky

See also: Kentucky Constitution and Kentucky Administrative Procedure Act

Section 13A.290 of the Kentucky APA:

(a) Except as provided by KRS 158.6471 and 158.6472, the Administrative Regulation Review Subcommittee shall meet monthly to review administrative regulations prior to close of business on the fifteenth day of the calendar month.[10]

Maryland

See also: Maryland Constitution and Maryland Administrative Procedure Act

Section 10-110(e) of the Maryland APA discusses duties of the Joint Committee on Administrative, Executive, and Legislative Review:

Preliminary review -- Action by Committee. --

(1) The Committee is not required to take any action with respect to a proposed regulation submitted to it pursuant to subsection (d) of this section.

(2) Failure by the Committee to approve or disapprove the proposed regulation during the period of preliminary review provided by subsection (d) of this section may not be construed to mean that the Committee approves or disapproves the proposed regulation.

(3) During the preliminary review period, the Committee may take any action relating to the proposed regulation that the Committee is authorized to take under §§ 10-111.1 and 10-112 of this subtitle.[11]

Massachusetts

See also: Massachusetts Constitution and Massachusetts Administrative Procedure Act

Section 6D of the Massachusetts APA:

... Each executive office shall publish on its website a list of statutes passed in the previous 24 months for which regulations are required and for which regulations have not been adopted, identifying the session law in which the statutory authority was passed and containing a brief statement as to the agency's plan to adopt the regulations. Semi-annually, the plan shall be updated on the website and filed with the clerks of the house of representatives and the senate and the chairs of the joint committee on state administration and regulatory oversight.[12]

Michigan

See also: Michigan Constitution and Michigan Administrative Procedure Act

Section 24.235 of the Michigan APA:

(1) The joint committee on administrative rules is created and consists of 5 members of the senate and 5 members of the house of representatives appointed in the same manner as standing committees are appointed for terms of 2 years.[13]

Mississippi

See also: Mississippi Constitution and Mississippi Administrative Procedure Act

Section 25-43-3.103 of the Mississippi APA:

(1) There is established a Small Business Regulatory Review Committee.


(2) The duties of the committee shall be to:

(a) Provide agencies with input regarding proposed permanent rules which may have an economic impact upon small business and for which a notice of intended action is published by the Secretary of State on or after July 1, 2012;
(b) Review any rule promulgated by a state agency for which notice has been given by the agency to the committee that the proposed rule has or may have an economic effect upon small business and make recommendations to the agency and or the Legislature regarding the need for a rule or legislation;
(c) Petition an agency to amend, revise, or revoke an existing regulation based on an economic impact on small business; and
(d) Advise and assist agencies in complying with the provisions of and perform any and all acts and duties set forth and authorized in the Mississippi Small Business Regulatory Flexibility Act.[14]

Missouri

See also: Missouri Constitution and Missouri Administrative Procedure Act

Section 536.024(2) of the Missouri APA:

Upon filing any proposed rule with the secretary of state, the filing agency shall concurrently submit such proposed rule to the joint committee on administrative rules, which may hold hearings upon any proposed rule or portion thereof at any time.[15]

Montana

See also: Montana Constitution and Montana Administrative Procedure Act

Section 2-4-402 of the Montana APA:

(1) The administrative rule review committees shall review all proposed rules filed with the secretary of state.[16]

Nevada

See also: Nevada Constitution and Nevada Administrative Procedure Act

Section 233B.067 of the Nevada APA:

1. After adopting a permanent regulation, the agency shall submit the informational statement prepared pursuant to NRS 233B.066 and one copy of each regulation adopted to the Legislative Counsel for review by the Legislative Commission to determine whether to approve the regulation. The Legislative Counsel shall endorse on the original and the copy of each adopted regulation the date of their receipt. The Legislative Counsel shall maintain the copy of the regulation in a file and make the copy available for public inspection for 2 years.[17]


Article 3, Section 1 of the Nevada Constitution:

2.  If the legislature authorizes the adoption of regulations by an executive agency which bind persons outside the agency, the legislature may provide by law for:


(a) The review of these regulations by a legislative agency before their effective date to determine initially whether each is within the statutory authority for its adoption;
(b) The suspension by a legislative agency of any such regulation which appears to exceed that authority, until it is reviewed by a legislative body composed of members of the Senate and Assembly which is authorized to act on behalf of both houses of the legislature; and
(c) The nullification of any such regulation by a majority vote of that legislative body, whether or not the regulation was suspended.[18]

New Hampshire

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

Section 541-A:2 of the New Hampshire APA:

I. There is hereby created a joint legislative committee to be known as the joint legislative committee on administrative rules.[19]

New York

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

Section 202(6-a) of the New York APA:

6-a. Distribution of rule making information. (a) An agency shall transmit a copy of any rule making notice prepared pursuant to this article to the governor, the temporary president of the senate, the speaker of the assembly and the administrative regulations review commission at the time such notice is submitted to the secretary of state for publication in the state register.[20]

North Dakota

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

Section 28-32-18 of the North Dakota APA:

The legislative management's administrative rules committee may find that all or any portion of a rule is void if that rule is initially considered by the committee not later than the fifteenth day of the month before the date of the administrative code supplement in which the rule change is scheduled to appear[21]

Ohio

See also: Ohio Constitution and Ohio Administrative Procedure Act

Section 119.03(C) of the Ohio APA:

(C) When an agency files a proposed rule, amendment, or rescission under division (B) of this section, it also shall file in electronic form with the joint committee on agency rule review the full text of the proposed rule, amendment, or rule to be rescinded in the same form and the public notice required under division (A) of this section.[22]

Oklahoma

See also: Oklahoma Constitution and Oklahoma Administrative Procedure Act

Section 75-307.1 of the Oklahoma APA allowed the leaders of the Oklahoma State Legislature to create the Conference Committee on Administrative Rules:[23]

A. The Speaker of the House of Representatives and the President Pro Tempore of the Senate may each establish a rule review committee or designate standing committees of each such house to review administrative rules.[24]

Oregon

See also: Oregon Constitution and Oregon Administrative Procedure Act

Section 183.720 of the Oregon APA:

(1) The Legislative Counsel may review, or shall review at the direction of the Legislative Counsel Committee, a proposed rule or an adopted rule of a state agency.


(2) The Legislative Counsel may review an adopted rule of a state agency upon the written request of any person affected by the rule. The Legislative Counsel shall review a proposed or adopted rule of a state agency upon the written request of any member of the Legislative Assembly. The written request for review must identify the specific objection or problem with the rule.[25]

South Dakota

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

Section 1-26-1.2 of the South Dakota APA:

The interim rules review committee shall choose a chair from its members and prescribe its rules of procedure. Meetings of the committee shall be at the call of the chair or a majority of the committee. ...


The committee shall review all proposed agency rules and make recommendations to the agencies regarding rules and legislation authorizing rules and to the Legislature regarding administrative law. All meetings, regular or special, shall be open to the public and any interested person may be heard and present evidence.[26]

Tennessee

See also: Tennessee Constitution and Tennessee Administrative Procedure Act

Section 4-5-226(c) of the Tennessee APA:

(c) Rules promulgated pursuant to this chapter shall be reviewed by the government operations committees of the senate and the house of representatives meeting jointly or separately, or, alternatively, at the discretion of the chair of either of such committees, by a subcommittee of the government operations committees.[27]

Vermont

See also: Vermont Constitution and Vermont Administrative Procedure Act

Section 817 of the Vermont APA:

(a) There is created a joint legislative committee to be known as the Legislative Committee on Administrative Rules.[28]

Virginia

See also: Virginia Constitution and Virginia Administrative Procedure Act

Section 2.2-4014 of the Virginia APA:

A. After publication of the Register pursuant to § 2.2-4031, the standing committee of each house of the General Assembly to which matters relating to the content of the regulation are most properly referable or the Joint Commission on Administrative Rules may meet and, during the promulgation or final adoption process, file with the Registrar and the promulgating agency an objection to a proposed or final adopted regulation. The Registrar shall publish any such objection received by him as soon as practicable in the Register. Within 21 days after the receipt by the promulgating agency of a legislative objection, that agency shall file a response with the Registrar, the objecting legislative committee or the Joint Commission on Administrative Rules, and the Governor.[29]

Washington

See also: Washington Constitution and Washington Administrative Procedure Act

Section 34.05.610 of the Washington APA:

(1) There is hereby created a joint administrative rules review committee which shall be a bipartisan committee consisting of four senators and four representatives from the state legislature.[30]

West Virginia

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

Section 29A-3-10 of the West Virginia APA:

(a) There is hereby created a joint committee of the Legislature, known as the legislative rule-making review committee, to review all legislative rules of the several agencies and such other rules as the committee deems appropriate.[31]

Wisconsin

See also: Wisconsin Constitution and Wisconsin Administrative Procedure Act

Section 227.19(5) of the Wisconsin APA:

(5)  Joint committee for review of administrative rules.


(a) Referral. When a committee's jurisdiction over a proposed rule is concluded as provided in sub. (4) (e), the committee shall report the proposed rule and any objection to the chief clerk of the appropriate house within 5 working days after that jurisdiction is concluded. The chief clerk shall refer the proposed rule and any objection to the joint committee for review of administrative rules within 5 working days after receiving the committee report.[32]

Wyoming

See also: Wyoming Constitution and Wyoming Administrative Procedure Act

Section 16-3-103 of the Wyoming APA describes how the Legal Services Division of the Wyoming Legislative Service Office receives rules to review:[33]

(a) Prior to an agency's adoption, amendment or repeal of all rules other than interpretative rules or statements of general policy, the agency shall:


(i) Give at least forty-five (45) days notice of its intended action. Notice shall be mailed to all persons making timely requests of the agency for advanced notice of its rulemaking proceedings and to the attorney general, the secretary of state's office as registrar of rules, and the legislative service office if a state agency. The agency shall submit a copy of the proposed rules, in a format conforming to any requirements prescribed pursuant to subsection (f) of this section, with the notice given to the legislative service office.[34]

Text of state constitutional or APA provisions providing for an executive agency as a regulatory review body

This section contains text from state constitutions and APAs that provided for an executive agency to provide a centralized regulatory review function. These agencies examine regulations before they go into effect.

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

California

See also: California Constitution and California Administrative Procedure Act

Section 11349.7 of the California APA describes the regulatory review functions of the Office of Administrative Law:

The office, at the request of any standing, select, or joint committee of the Legislature, shall initiate a priority review of any regulation, group of regulations, or series of regulations that the committee believes does not meet the standards set forth in Section 11349.1.[35]

Colorado

See also: Colorado Constitution and Colorado Administrative Procedure Act

Section 24-4-103 (8)(d) of the Colorado APA:

... (d) All rules adopted or amended on or after July 1, 1976, including temporary or emergency rules, shall be submitted by the adopting agency to the office of legislative legal services in the form and manner prescribed by the committee on legal services.[36]

New Jersey

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

Section 52:14B-4.1 of the New Jersey APA:

1. Every rule hereafter proposed by a State agency shall be submitted by the Office of Administrative Law to the Senate and General Assembly within two business days of its receipt by the office, and the President of the Senate and the Speaker of the General Assembly shall immediately refer the proposed rule to the appropriate committee in each House.[37]

North Carolina

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

Section 150B-21.9 of the North Carolina APA discusses duties of the Rules Review Commission:[38]

(a) Standards. - The Commission must determine whether a rule meets all of the following criteria:


(1) It is within the authority delegated to the agency by the General Assembly.
(2) It is clear and unambiguous.
(3) It is reasonably necessary to implement or interpret an enactment of the General Assembly, or of Congress, or a regulation of a federal agency. The Commission shall consider the cumulative effect of all rules adopted by the agency related to the specific purpose for which the rule is proposed.
(4) It was adopted in accordance with Part 2 of this Article.[39]

See also

Footnotes

  1. ↑ Utah Legislature, "Utah Administrative Rulemaking Act," accessed February 14, 2020
  2. ↑ JUSTIA, "2016 Code of Alabama, Title 41 - STATE GOVERNMENT. Chapter 22 - ADMINISTRATIVE PROCEDURE. Section 41-22-3-Definitions," accessed February 13, 2020
  3. ↑ Alaska Legislature, "Alaska Administrative Procedure Act," accessed February 13, 2020
  4. ↑ JUSTIA, "2017 Arizona Revised Statutes, Title 41 - State Government § 41-1046 Administrative rules oversight committee; membership; appointment; staffing; meetings," accessed February 13, 2020
  5. ↑ Arkansas Legislature, "Constitution of the State of Arkansas of 1874," accessed February 13, 2020
  6. ↑ JUSTIA, "2018 Connecticut General Statutes, Title 4 - Management of State Agencies, Chapter 54 - Uniform Administrative Procedure Act, Section 4-170 - Legislative regulation review committee. Submission requirements for regulations. Disapproved regulations. Resubmitted regulations," accessed February 14, 2020
  7. ↑ JUSTIA, "2017 Florida Statutes, TITLE X - PUBLIC OFFICERS, EMPLOYEES, AND RECORDS, Chapter 120 - ADMINISTRATIVE PROCEDURE ACT 120.536 - Rulemaking authority; repeal; challenge," accessed February 14, 2020
  8. ↑ JUSTIA, "2017 Illinois Compiled Statutes, Chapter 5 - GENERAL PROVISIONS 5 ILCS 100/ - Illinois Administrative Procedure Act. Article 5 - Rulemaking Provisions," accessed February 13, 2020
  9. ↑ JUSTIA, "2018 Iowa Code, Title I - STATE SOVEREIGNTY AND MANAGEMENT, Chapter 17A - IOWA ADMINISTRATIVE PROCEDURE ACT, Section 17A.8 - Administrative rules review committee," accessed February 13, 2020
  10. ↑ Casetext, "Ky. Rev. Stat. § 13A.290," accessed February 13, 2020
  11. ↑ JUSTIA, "2017 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 1 - Administrative Procedure Act --Regulations, Part III - Proposal and Adoption § 10-110. Preliminary review," accessed February 14, 2020
  12. ↑ JUSTIA, "2017 Massachusetts General Laws, PART I ADMINISTRATION OF THE GOVERNMENT, TITLE III LAWS RELATING TO STATE OFFICERS, Chapter 30A STATE ADMINISTRATIVE PROCEDURE, Section 6D Expected regulations; publication of list," accessed February 14, 2020
  13. ↑ Michigan Legislature, "Administrative Procedures Act of 1969," accessed February 14, 2020
  14. ↑ JUSTIA, "2017 Mississippi Code, Title 25 - Public Officers and Employees; Public Records, Chapter 43 - Administrative Procedures, Article 4 - Mississippi Small Business Regulatory Flexibility Act, § 25-43-4.103. Small Business Regulatory Review Committee; duties, relation to Mississippi Development Authority, composition, terms, meetings, quorum," accessed February 14, 2020
  15. ↑ JUSTIA, "2017 Missouri Revised Statutes, Title XXXVI STATUTORY ACTIONS AND TORTS, Chapter 536 Administrative Procedure and Review, Section 536.024 Validity of rules promulgated by state agency dependent on compliance with procedural requirements — powers and duties of joint committee," accessed February 14, 2020
  16. ↑ Montana Legislature, "Montana Code Annotated 2019, TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION, CHAPTER 4. ADMINISTRATIVE PROCEDURE ACT, Part 4. Legislative Review of Rules," accessed February 14, 2020
  17. ↑ JUSTIA, "2017 Nevada Revised Statutes, Chapter 233B - Nevada Administrative Procedure Act, NRS 233B.067 - Permanent regulation: Submission by agency of informational statement and copy of regulation to Legislative Counsel; endorsement of date and maintenance of copy by Legislative Counsel; statement by agency required if adoption of regulation is required by federal law; review by Legislative Commission or Subcommittee to Review Regulations; written request by agency for review by Subcommittee in emergency circumstances; approval of or objection to by Commission or Subcommittee; duty of Legislative Counsel to file approved regulations with Secretary of State or return regulations with notice of objection to agency; appointment of members of Subcommittee," accessed February 14, 2020
  18. ↑ Nevada Legislature, "The Constitution of the State of Nevada," accessed February 14, 2020
  19. ↑ JUSTIA, "2017 New Hampshire Revised Statutes, Title LV - PROCEEDINGS IN SPECIAL CASES, Chapter 541-A - ADMINISTRATIVE PROCEDURE ACT, Section 541-A:2 - Joint Legislative Committee on Administrative Rules," accessed February 14, 2020
  20. ↑ New York Senate, "Section 202 Rule making procedure, State Administrative Procedure Act (SAP)," accessed February 14, 2020
  21. ↑ North Dakota Legislature, "Administrative Agencies Practice Act," accessed February 14, 2020
  22. ↑ JUSTIA, "2017 Ohio Revised Code, Title 1 I STATE GOVERNMENT, Chapter 119 - ADMINISTRATIVE PROCEDURE, Section 119.03 - Procedure for adoption, amendment, or rescission of rules," accessed February 14, 2020
  23. ↑ Oklahoma State Legislature, "Conference Committee on Administrative Rules," accessed March 4, 2020
  24. ↑ JUSTIA, "2017 Oklahoma Statutes, Title 75. Statutes and Reports §75-307.1. Legislative review of adopted rules and rulemaking process," accessed February 14, 2020
  25. ↑ JUSTIA, "2017 Oregon Revised Statutes, Volume : 05 - State Government, Government Procedures, Land Use, Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties, Section 183.720 - Procedure for review of agency rule; reports on rules claimed to be duplicative or conflicting," accessed February 14, 2020
  26. ↑ JUSTIA, "2017 South Dakota Codified Laws, Title 1 - STATE AFFAIRS AND GOVERNMENT, Chapter 26 - Administrative Procedure and Rules § 1-26-1.2 Chair of rules review committee--Schedule of meetings--Compensation of members--Secretary," accessed February 14, 2020
  27. ↑ JUSTIA, "2017 Tennessee Code Title 4 - State Government, Chapter 5 - Uniform Administrative Procedures Act, Part 2 - Rulemaking and Publications § 4-5-226. Expiration of rules -- Review by general assembly," accessed February 14, 2020
  28. ↑ Vermont Legislature, "Title 3 : Executive Chapter 025 : Administrative Procedure, Subchapter 003 : Rulemaking; Procedures; Guidance Documents," accessed February 14, 2020
  29. ↑ JUSTIA, "2017 Code of Virginia, Title 2.2 - Administration of Government, Chapter 40 - Administrative Process Act § 2.2-4014. Legislative review of proposed and final regulations," accessed February 14, 2020
  30. ↑ JUSTIA, "2017 Revised Code of Washington, Title 34 - ADMINISTRATIVE LAW, 34.05 Administrative Procedure Act. 34.05.610 Joint administrative rules review committee—Members—Appointment—Terms—Vacancies," accessed February 14, 2020
  31. ↑ JUSTIA, "2017 West Virginia Code, CHAPTER 29A. STATE ADMINISTRATIVE PROCEDURES ACT. ARTICLE 3. RULE MAKING. §29A-3-10. Creation of a legislative rule-making review committee," accessed February 14, 2020
  32. ↑ Wisconsin Legislature, "Administrative Procedure and Review," accessed February 14, 2020
  33. ↑ Wyoming Legislature, "About the Legislative Service Office," accessed March 4, 2020
  34. ↑ JUSTIA, "2015 Wyoming Code, TITLE 16 - CITY, COUNTY, STATE AND LOCAL POWERS, CHAPTER 3 - ADMINISTRATIVE PROCEDURE, SECTION 16-3-103. -Adoption, amendment and repeal of rules; notice; hearing; emergency rules; proceedings to contest; review and approval by governor," accessed February 14, 2020
  35. ↑ JUSTIA, "2017 California Code, Government Code - GOV TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA, DIVISION 3 - EXECUTIVE DEPARTMENT, PART 1 - STATE DEPARTMENTS AND AGENCIES, CHAPTER 3.5 - Administrative Regulations and Rulemaking, ARTICLE 7 - Review of Existing Regulations Section 11349.7," accessed February 13, 2020
  36. ↑ State of Colorado, "C.R.S. Title 24 Government - State," accessed February 13, 2020
  37. ↑ JUSTIA, "2017 New Jersey Revised Statutes, TITLE 52 - STATE GOVERNMENT, DEPARTMENTS AND OFFICERS, Section 52:14B-4.1 - Rules, submission to Legislature; referral to committee," accessed February 14, 2020
  38. ↑ North Carolina Office of Administrative Hearings, "Rules Review Commission," accessed March 4, 2020
  39. ↑ JUSTIA, "2016 North Carolina General Statutes Chapter 150B - Administrative Procedure Act. Article 2A - Rules. § 150B-21.9 - Standards and timetable for review by Commission," accessed February 14, 2020
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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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