Renfrow, Patty D.; West, William F.; Houston, David J.
January 1986
Public Administration Quarterly;Winter86, Vol. 9 Issue 4, p357
Academic Journal
This article discusses the significance of the rulemaking provisions in state administrative procedure acts (APAs) in the U.S. In itself, the description of state APAs yields some interesting observations. There is much variation in the rulemaking provisions of state APAs. Most statutes that have gone beyond notice-and comment have adopted legislative and/or executive oversight provisions as well as economic impact analysis requirements. A much smaller number of these latter statutes have adopted annual rule reviews and one of these in turn has required agencies to compile rulemaking calendars. Unlike the situation in many substantive policy areas, states are not laggards in comparison with the federal government in placing constraints on rulemaking discretion through generally applicable procedural requirements. The overwhelming majority of state APAs contains the simple notice-and-comment procedures found in the federal APA and many contain other, more stringent constraints that only have been imposed on an ad hoc basis at the national level.


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