Table 3.25

Legislative Review of Administrative Regulations: Structures and Procedures


FIPS State or other
jurisdiction
Type of reviewing committee Rules reviewed Time limits in review process
01Alabama*Joint bipartisan, standing committeePIf not approved or disapproved within 45 days of filing, rule is approved. If disapproved by committee, disapproval may be appealed to the lieutenant governor.
02AlaskaJoint bipartisan, standing committee and Legislative Affairs Agency review of proposed regulations.P, E
04ArizonaJoint bipartisanP, E
05ArkansasJoint bipartisanP, E (f)
06CaliforniaStanding committeeP, EThe Legislature may study and make recommendations regarding existing or proposed regulations. Comprehensive regulation review conducted by independent executive branch agency.
08ColoradoJoint bipartisanERules continue unless the annual legislative Rule Reviews Bill discontinues a rule. The Rule Reviews Bill is effective upon the governor's signature, however, the Governor needs to sign the Rule Review Bill on or before midnight on May 15 or all of the rules and amendments to rules adopted during the year before will automatically expire pursuant to statute.
09ConnecticutJoint bipartisan, standing committee, statuatory committeePSubmittal of proposed regulation shall be on the first Tuesday of month; after first submittal committee has 65 days after date of submission. Second submittal: 35 days for committee to review/take action on revised regulation.
10DelawareJoint bipartisan, standing committeeP, E (e)
12Florida*Joint bipartisanP, E
13GeorgiaStanding committeePThe agency notifies the Legislative Counsel 30 days prior to the effective dates of proposed rules.
15HawaiiLegislative agencyPThe legislative reference bureau may assist agencies in complying with a uniform style format. This does not affect the status of rules.
16IdahoGermane joint subcommitteesP, EThere is no set time limit for rules review other than by the end of session. Typically they review rules during the first 3-4 weeks of session. Proposed rules: Reviewed pursuant to I.C. § 67-454. Existing rules: "The legislature may review any administrative rule to ensure it is consistent with the legislative intent of the statute that the rule was written to interpret, prescribe, implement or enforce. After that review, the legislature may approve or reject, in whole or in part, any rule as provided by law." (Idaho Const. art. III, § 29).
17IllinoisJoint bipartisanP, EAn agency proposing non-emergency regulations must allow 45 days for public comment. At least five days after any public hearing on the proposal, the agency must give notice of the proposal to the Joint Committee on Administrative Rules, and allow it 45 days to approve or object to the proposed regulations.
18IndianaNo formal rule review is performed by both legislative and executive branches.No formal rule review is performed by both legislative and executive branches.No formal rule review is performed by both legislative and executive branches.
19IowaJoint bipartisanP, E
20KansasJoint bipartisanPAgencies must give 60-day notice to the public and the Joint Committee of their intent to adopt or amend specific rules and regulations, a copy of which must be provided to the committee. Within the 60-day comment period, the Joint Committee must review and comment, if it feels necessary, on the proposals. Final rules and regulations which differ in subject matter or in any material respect from the rules and regulations originally proposed or which are not a logical outgrowth of the rules and regulations originally proposed must be resubmitted to the Joint Committee as part of new rulemaking.
21KentuckyJoint bipartisan statutory committeeP, EThe deadline for filing proposed regulations is the 15th of the month. Properly filed regulations are published in the Administrative Register on the first of the month following the deadline. Filing the regulation triggers a public comment period and a review by the Administrative Regulation Review Subcommittee (ARRS). The committee meets within 75 days of publication, unless the regulation receives comments, is deferred, or is withdrawn. The subject-matter committee, which has the option to review regulations after ARRS, may meet on a regulation within 90 days of referral of the regulation to the subject-matter committee.
22Louisiana (a)Standing committeePAll proposed rules and fees are submitted to designated standing committees of the legislature. If a rule or fee is unacceptable, the committee sends a written report to the governor. The governor has 10 days to disapprove the committee report. If both Senate and House committees fail to find the rule unacceptable, or if the governor disapproves the action of a committee within 10 days, the agency may adopt the rule change. If the committees of both houses fail to find a fee unacceptable, it can be adopted. Committee action on proposed rules must be taken within 5 to 30 days after the agency reports to the committee on its public hearing (if any) and whether it is making changes on proposed rules.
23MaineJoint bipartisan, standing committeeP (d)One legislative session.
24Maryland*Joint bipartisanP, EAll proposed regulations are submitted to the AELR Committee for review at least 15 days before they are submitted to the Maryland Register for publication. Often changes are negotiated between the committee and the unit before publication. The committee is not required to give its explicit approval in order for a proposed regulation to become effective. In the usual course, the unit may adopt a proposed regulation 45 days after the regulation was published in the Maryland Register. Thirty of the 45 days must be reserved as a public comment period. If the committee cannot complete its review of the proposed regulation within the 45-day period, it may delay, or “hold,” the adoption of the regulation. During this time, the committee may suggest to the unit that certain changes be made. If no agreement is reached, the unit may subsequently notify the committee of its intent to adopt the regulation despite the committee's hold. The hold period ends on the later of the 30th day after the unit's notice to the committee or the 105th day after the initial publication of the regulation in the Maryland Register. At any time, the committee may formally vote to oppose the adoption of the regulation. In this case, notice of the opposition is sent to the governor and the unit, and further negotiations ensue. The governor may instruct the unit to withdraw or modify the regulation. However, once the committee has opposed the adoption of the regulation, it may not be adopted unless approved by the governor. Emergency regulations, which bypass the normal public notice and comment period, remain in effect for a limited period of time -not to exceed 180 days -to meet exigent circumstances. Although emergency regulations are not published in the Maryland Register before adoption, notice of the committee's receipt of the regulation is posted on the MGA website. In addition, the agency submitting the request for adoption of emergency status must post the text of the regulations on the agency website within three business days of submission to the AELR committee.If a member of the committee requests a public hearing on the emergency adoption of a regulation, the committee must hold the hearing. If no public hearing is requested, staff to the committee may poll on the emergency regulation as soon as 10 business days after receipt of the regulation. Approval by the committee is required for an emergency regulation to take effect.
25Massachusetts (a)*Public hearing by agencyPIn Massachusetts, the General Court (Legislature) may by statute authorize an administrative agency to promulgate regulations. The promulgation of such regulations are then governed by Chapter 30A of the Massachusetts General Laws. Chapter 30A requires 21 day notice to the public of a public hearing on a proposed regulation. After public hearing the proposed regulation is filed with the state secretary who approves it if it is in conformity with Chapter 30A. The state secretary maintains a register entitled “Massachusetts Register” and the regulation does not become effective until published in the register. The agency may promulgate amendments to the regulations following the same process.
26MichiganJoint bipartisanPJoint Committee on Administrative Rules (JCAR) has 15 session days in which to consider the rule. JCAR may waive the remaining session days, object to the rule, propose that the rule be changed, or decide to enact the subject of the rule into law. (1) If JCAR does not object or waives the remaining session days, the rule goes into effect. (2) If JCAR objects, a member of the JCAR shall introduce bills in both houses to rescind the rule, repeal the authorizing statute, or stay the effective date for up to one year. If the legislation does not pass within 15 session days, the agency may file the rule. (3) If the JCAR proposes the rule be changed, the agency has 30 days to change the rule and resubmit or decide to not change the rule. If the agency agrees to change the proposed rule, it withdraws the rule and resubmits it. If the agency does not agree to change the proposed rule, it notifies the JCAR which again has 15 session days to consider the rule. (4) If the JCAR decides to enact the subject of the rule into law, the JCAR chair or alternate chair shall introduce legislation in both houses to do so and the agency may not file the rule for 270 days after the introduction of the legislation. The JCAR can also meet between legislative sessions and suspend rules promulgated during the interim between sessions.
27MinnesotaJoint bipartisan, standing committeeP, EMinnesota Statute Sec. 3.842, subd. 4a
28Mississippi*No formal rule review is performed by both legislative and executive branches.No formal rule review is performed by both legislative and executive branches.No formal rule review is performed by both legislative and executive branches.
29MissouriJoint bipartisan, statutory 536.037 RSMo.P, EThe committee must disapprove a final order of rulemaking within 30 days upon receipt or the order of rulemaking is deemed approved.
30Montana*Germane jointPPrior to adoption.
30Montana*bipartisan committees
31NebraskaStanding committee, select committeePIf an agency proposes to repeal, adopt or amend a rule or regulation, it is required to provide the Executive Board Chair with the proposal at least 30 days prior to the Public Hearing, as required by law. The Executive Board Chair shall provide to the appropriate standing committee of the Legislature, the agency proposal for comment.
32NevadaOngoing statutory committee (Legislative Commission)PProposed regulations are either reviewed at the Legislative Commission's next regularly scheduled meeting (if the regulation is received more than 10 working days before the meeting), or they are referred to the Commission's Subcommittee to Review Regulations. If there is no objection to the regulation, then the Commission will "promptly" file the approved regulation with the Secretary of State. If the Commission or its subcommittee objects to a regulation, then the Commission will "promptly" return the regulation to the agency for revision. Within 60 days of receiving the written notice of objection to the regulation, the agency must revise the regulation and return it to the Legislative Counsel. If the Commission or its subcommittee objects to the revised regulation, the agency shall continue to revise and resubmit it to the Commission or subcommittee within 30 days after receiving the written notice of objection to the revised regulation.
33New HampshireJoint bipartisanPUnder APA, for regular rulemaking, the joint committee of administrative rules has 60 days to review a final proposed rule from an agency, Otherwise the rule is automatically approved. If JLCAR makes a preliminary or revised objection,the agency has 45 days to respond, and JLCAR has another 50 days to decide to vote to sponsor a joint resolution,which suspends the adoption process. JLCAR may also, or instead, make a final objection, which shifts the burden of proof in court to the agency. There is no time limit on making a final objection. If no JLCAR action in the 50 days to vote to sponsor a joint resolution, the agency may adopt the rule.
34New JerseyJoint bipartisan
35New Mexico (h)No formal review is performed by legislature. Periodic review and report to legislative finance committee is required of certain agencies.
36New York*Joint bipartisan commissionP, E
37North CarolinaRules Review Commission; Public membership appointed by legislatureP, EAll rules must be filed by the close of business on the 20th day (or the close of the first business day thereafter if it's a weekend or holiday) of a given month for review at the following month's meeting. If a rule change is received after 5:00PM of the 20th, then the rule will be delayed and reviewed in two months.
38North DakotaInterim committeeEThe Administrative Rules Committee meets in each calendar quarter to consider rules filed in previous 90 days.
39OhioJoint bipartisanP, E (c)The committee's jurisdiction is 65 days from date of original filing plus an additional 30 days from date of re-filing. Rules filed with no changes, pursuant to the five-year review, are under a 90 day jurisdiction.
40OklahomaJoint bipartisan, Standing committee (b)P, EThe legislature has 30 legislative days to review proposed rules. The legislature reviews all agency rules submitted prior to April 1st. Any rules submitted after April 1st are to be reviewed the next legislative session.
41Oregon(g)EAgencies must copy Legislative Counsel within 10 days of rule adoption.
42PennsylvaniaJoint bipartisan, standing committeePTime limits decided by the president pro tempore and speaker of the House.
44Rhode IslandNo formal rule review is performed by legislative and executive branches.No formal rule review is performed by legislative and executive branches.No formal rule review is performed by legislative and executive branches.
45South Carolina*Standing committee. Submitted by General Assembly for approval.PGeneral Assembly has 120 days to approve or disapprove. If not disapproved by joint resolution before 120 days, regulation is automatically approved. It can be approved during 120 day review period by joint resolution.
46South DakotaJoint bipartisanPRules must be adopted within 75 days of the commencement of the public hearing; emergency rules must be adopted within 30 days of the date of the publication of the notice of intent. Many other deadlines exist see SDCL 1-26-4 for further details.
47TennesseeJoint bipartisanPAll permanent rules take effect 90 days after filing with the secretary of state. Emergency rules take effect upon filing with the secretary of state and may be effective for not longer than 180 days.
48TexasStanding committeePNo time limit.
49UtahCreated by statute (63G-3-501).P, EUnless a rule is explicitly mandated by a federal law or regulation or Utah's constitution grants specific constitutional authority, every agency rule that is in effect on February 28 of any calendar year expires May 1 of that year unless it has been reauthorized by the Legislature (Utah Code 63G-3-502)
50VermontJoint bipartisanP, E (h)The joint committee, the Legislative Committee on Administrative Rules (LCAR), has 45 days to review a rule and object to it, if applicable; if LCAR does not object within 45 days, LCAR is deemed to have approved it
51VirginiaJoint bipartisan, standing committeePStanding committees and the Joint Commission on Administrative Rules may object to a proposed or final adopted rule before it becomes effective. This delays the process for 21 days and the agency must respond to the objection. In addition or as an alternative, standing committees and the Commission may suspend the effective date of all or a part of a final regulation until the end of the next regular session, with the concurrence of the Governor.
53WashingtonJoint bipartisanP, EIf the committee determines that a proposed rule does not comply with legislative intent, it notifies the agency, which must schedule a public hearing within 30 days of notification. The agency notifies the committee of its action within seven days after the hearing. If a hearing is not held or the agency does not amend the rule, the objection may be filed in the state register and referenced in the state code. The committee’s powers, other than publication of its objections, are advisory.
54West VirginiaJoint bipartisanP, E
55WisconsinJoint bipartisanP, EThe standing committee in each house has 30 days to conduct its review for a proposed rule. If either objects the Joint Committee for the Review of Administrative Rules has 30 days to introduce legislation in each house overturning the rules. After 40 days the bills are placed on the calendar. If either bill passes, the rules are overturned. If they fail to pass, the rules go into effect. As an alternative, JCRAR may make an indefinite objection and the agency may not promulgate the rule unless a bill authorizing the promulgation is enacted.
56WyomingJoint bipartisanP, EAn agency shall submit copies of adopted, amended or repealed rules to the legislative service office for review within 10 days after the date of the agency's final action adopting, amending or repealing those rules. The legislature makes its recommendations to the governor who within 15 days after receiving any recommendation, shall either order that the rule be amended or rescinded in accordance with the recommendation or file in writing his objections to the recommendation.
60American Samoa*Standing committeeE
66Guam*Standing committeeP45 calendar days
72Puerto Rico*No formal rule review is performed by both legislative and executive branches.No formal rule review is performed by both legislative and executive branches.No formal rule review is performed by both legislative and executive branches.
78U.S. Virgin Islands*No formal rule review is performed by both legislative and executive branches.No formal rule review is performed by both legislative and executive branches.No formal rule review is performed by both legislative and executive branches.

Source:

The Council of State Governments' survey of state legislative service agencies, 2022.

Key:

* Information from The Council of State Governments’ 2020 survey of state legislative services agencies and 2021 review of state websites.
P — Proposed rules.
E — Existing rules.
✕ — No formal time limits.

Footnotes:

(a)

Review of rules is performed by both legislative and executive branches.

(b)

During the 2021 session, the legislature enacted SB 913 to create the Joint Committee on Administrative Rules to coordinate the rule review process for the House and Senate. The Committee met for the first time in 2022 and is continuing to refine its role in the legislative process.

(c)

The Committee reviews proposed new, amended, and rescinded rules. The Committee participates in a five -year review of every existing rule.

(d)

Major substantive Rules (as designated by the Legislature) are subject to legislative review and approval; Routine Technical Rules are not subject to any formal legislative review and approval process.

(e)

The chair of a standing committee can call a hearing to review the rule during the interim. The Joint Legislative Oversight Committee can order a review of an agency’s rules during regular session.

(f)

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.

(g)

Appropriate substantive committee will review if the Legislative Counsel determines that rule exceeds intent or scope of enabling Act.

(h)

Generally, no formal review is performed by the legislature, but notices of proposed and adopted rules are distributed to the appropriate standing and interim committees pursuant to State Rules Act requirements. Periodic review and reporting to the Legislative Finance Committee is required of certain agencies, and statute requires approval by the interim New Mexico Finance Authority Oversight Committee for New Mexico Finance Authority rules. The interim Mortgage Finance Authority Act Oversight Committee is also given the power to review regulations adopted pursuant to the Mortgage Finance Authority Act.

(i)

Existing rules reviewed at joint committee’s discretion.