Procedural rights: States that define final agency action (2020)
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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 This page is likely outdated and may be incomplete.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 due process and procedural rights. Ballotpedia reviewed the 50 state constitutions and administrative procedures acts (APAs) to determine which states defined final agency action.
Administrative law scholars debate when agency actions become final and subject to judicial review.[1] There is no uniform definition of final agency action across the states, but many describe characteristics of final adjudication orders and what agencies must do to establish final rules.
Because state administrative agencies are not part of the judicial branch of government, adjudication proceedings before them do not necessarily afford the same procedural protections as in a courtroom trial. Ballotpedia conducted this survey to see whether states give the public an idea of what a final action from an administrative agency looks like by defining final agency actions in their constitutions or APAs. People and businesses often have to wait for agencies to finalize an action before they may challenge that action in a state court.
Understanding adjudication procedures provides insight into due process procedural rights of citizens at the state level. Procedural rights is one of the five pillars key to understanding the main areas of debate about the nature and scope of the administrative state.
According to the Ballotpedia survey, 46 state APAs defined final agency action, as of August 2020. Most state APAs gave the public a definition of final agency action that allows people and businesses to recognize when an agency has finished considering an issue.
This page features the following sections:
- Background and methodology
- Summary of key findings
- Table showing which states defined final agency action
Background and methodology
Background
For this survey, Ballotpedia examined whether states defined final agency action. States that define final agency action explain what goes into an authoritative decision from an administrative agency and give the public notice about what kinds of action are open to judicial review.
At the federal level, the U.S. Supreme Court has held that to be final, agency actions must be the ultimate product of agencies' decision-making processes and must be an action with legal consequences.[1] The states do not share a single definition of final agency action but many states list requirements for final agency orders and final rules.
Adjudication proceedings include agency determinations outside of the rulemaking process that aim to resolve disputes between either agencies and private parties or between two private parties. The adjudication process results in the issuance of an adjudicative order, which serves to settle the dispute and, in some cases, may set agency policy.
As administrative agencies are not part of the judicial branch but rather the executive branch, adjudication proceedings do not necessarily have all of the trappings associated with a trial in front of a state court.
Administrative Procedure Acts (APAs), which govern the procedures state administrative agencies must follow to issue regulations and adjudicate disputes, vary among the 50 states, but many offer fewer procedural protections for those accused of wrongdoing than a defendant would have in a courtroom.
Methodology
Ballotpedia examined all 50 state constitutions and APAs to see whether states defined final agency action. Ballotpedia reviewed each provision involving agency orders, penalties, hearings, or appeals to see whether a definition of final agency action appeared.
Most state APAs included sections explicitly defining final agency action. Others simply described how agencies would resolve disputes through adjudication and issue an order. Many of the descriptions of adjudication orders in states that did not explicitly define final agency actions matched the descriptions of final agency actions in other state APAs. For the purposes of this survey, Ballotpedia included such states among those that defined final agency actions.
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 August 2020):
- 46 states defined final agency action
- 4 states (Alaska, Mississippi, Nebraska, Utah) did not define final agency action
Results: States that defined final agency action
The table below includes each state in alphabetical order and indicates those with specific provisions in their constitutions or APAs defining final agency action
means that the state defined final agency action
means that the state did not define final agency action
State laws, beyond the constitution and APA, that defined final agency action are outside the scope of this survey.
| State | Constitution or APA provisions that define final agency action |
|---|---|
| Alabama | 
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| Alaska | 
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| Arizona |
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| Arkansas |
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| California |
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| Colorado |
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| Connecticut |
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| Delaware |
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| Florida |
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| Georgia |
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| Hawaii |
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| Idaho |
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| Illinois |
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| Indiana |
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| Iowa |
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| Kansas |
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| Kentucky |
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| Louisiana |
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| Maine |
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| Maryland |
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| Massachusetts |
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| Michigan |
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| Minnesota |
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| Mississippi |
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| Missouri |
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| Montana |
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| Nebraska |
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| Nevada |
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| New Hampshire |
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| New Jersey |
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| New Mexico |
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| New York |
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| North Carolina |
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| North Dakota |
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| Ohio |
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| Oklahoma |
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| Oregon |
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| Pennsylvania |
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| Rhode Island |
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| South Carolina |
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| South Dakota |
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| Tennessee |
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| Texas |
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| Utah |
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| Vermont |
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| Virginia |
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| Washington |
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| West Virginia |
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| Wisconsin |
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| Wyoming |
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See also
Footnotes
