Legislative Review of Administrative Rules/Regulations: Powers

This column is defined by those legislatures or legislative committees that can only recommend changes to rules but have no power to enforce a change.

Authorized, although constitutionally questionable.

Amendment 92 to the Arkansas Constitution, which passed in 2014, and laws enacted by Act 1258 of 2015 provided the General Assembly with the power of review and approval of all administrative rules and regulations.

Executive branch agency has more than advisory power.

Committee may vote to disapprove proposed regulations.

Disapproval of proposed regulations may be sustained, or reversed by action of the General Assembly in the ensuing session. The General Assembly may by resolution sustain or reverse a vote of disapproval.

A standing committee can recommend a special session to consider committee’s recommendations.

Joint Administrative Procedures Committee, with approval of the president and speaker, may seek judicial review of validity or invalidity of rules.

The reviewing committee must introduce a resolution to override a rule within the first 30 days of the next regular session of the General Assembly. If the resolution passes by less than a two-thirds majority of either house, the governor has final authority to affirm or veto the resolution.

The Administrative Procedure Act is not clear on this point, but implies that the Joint Committee should either object or issue a statement of no objections.

Joint Committee on Administrative Rules can send objections to issuing agency. If it does, the agency has 90 days from then to withdraw, change, or refuse to change the proposed regulations. If the Joint Committee determines that proposed regulations would seriously threaten the public good, it can block their adoption. Within 180 days the Joint Cmte., or both houses of the General Assembly, can “unblock” those regulations; if that does not happen, the regulations are dead.

Committee may delay or suspend object to rules, and has authority to approve emergency filed rules.

The promulgating agency’s proposed language may be amended upon agreement of the committee and the promulgating agency.

The committee does not approve or disapprove regulations. The committee is charged with reviewing and commenting upon the regulations, may propose amendments for the agency to consider, make recommendations, request that the agency defer the regulation, or determine that a regulation should be found deficient. A finding of deficiency is nonbinding.

If the committee determines that a proposed rule is unacceptable, it submits a report to the governor who then has 10 days to accept or reject the report. If the governor rejects the report, the rule change may be adopted by the agency. If the governor accepts the report, the agency may not adopt the rule. Emergency rules become effective upon adoption or up to 60 days after adoption as provided in the rule, but a standing committee or governor may void the rule by finding it unacceptable within 2 to 61 days after adoption and reporting such finding to agency within four days.

Yes, if the rule was timely filed.

Except for emergency regulations which require committee approval for adoption.

Committee can suspend rules during interim.

The Legislative Commission to Review Administrative Rules (LCRAR) ceased operating, effective July 1, 1996. The Legislative Coordinating Commission (LCC) may review a proposed or adopted rule. Contact the LCC for more information. See Minn. Stat. 3.842, subd. 4a.

No formal mechanism for legislative review of administrative rules. In Virginia, legislative review is optional.

A rule disapproved by the reviewing committee is reinstated at the end of the next session if a joint resolution in the legislature fails to sustain committee action.

Failure to object or approve within 45 days of agency filing of final proposal constitutes approval.

The legislature may permanently block rules through legislation. The vote to sponsor a joint resolution suspends the adoption of a proposed rule for a limited time so that the full legislature may act on the resolution, which would then be subject to governor’s veto and override.

Article V, Section IV, par. 6 of the NJ Constitution, as amended in 1992, says the legislature may review any rule or regulation to determine whether the rule or regulation is (s) Article V, Section IV, par. 6 of the NJ Constitution, as amended in 1992, says the legislature may review any rule or regulation to determine whether the rule or regulation is consistent with legislative intent. The legislature transmits its objections to existing or proposed rules or regulations to the governor and relevant agency via concurrent resolutions. The legislature may invalidate or prohibit an existing or proposed rule from taking effect by a majority vote of the authorized membership of each house, in compliance with constitutional provisions.

Commission may hold hearings, subpoena witnesses, administer oaths, take testimony, and compel the production of books, papers, documents and other evidence.

Unless formal objections are made or the rule is declared void, rules are considered approved.

Pursuant to SB 913 enacted in 2021, legislature shall adopt resolutions approving, disapproving, or recommending amendment for all proposed permanent rules. If a rule is not subject to a resolution approving or disapproving, the Governor may deem a rule promulgated and approved.

Full legislature may suspend rules.

Negative rule determinations are made public and remain on website until rule is modified to comply with statutory authority, statute is modified to establish validity of rule or court case upholds validity of rule.

LCAR may recommend that an agency amend or withdraw a proposal. If LCAR does not agree with a proposed rule, it may object to it. A vote objecting to a rule does not prohibit its adoption; however, once the agency responds, if LCAR thereafter certifies its objection, it shifts the burden of proof to the agency if the rule is challenged.

Although infrequently used, via 3 V.S.A. 834, upon LCAR request, “a rule or part of a rule that has not been adopted, readopted, or substantially amended during the preceding six years shall expire one year from the date of the request[,]” but the agency may adopt the same or similar rule during that year.

Standing committees and The Joint Commission on Administrative Rules may suspend the effective date of all or a part of a final regulation until the end of the next regular legislative session with the concurrence of the governor.

State agencies have no power to promulgate rules without first submitting proposed rules to the legislature which must enact a statute authorizing the agency to promulgate the rule. If the legislature during a regular session disapproves all or part of any legislative rule, the agency may not issue the rule nor take action to implement all or part of the rule unless authorized to do so. However, the agency may resubmit the same or a similar proposed rule to the committee.