Legislatures frequently delegate broad rulemaking powers to administrative agencies to implement and enforce statutes. To control the use of this delegated authority, most states subject agency rulemaking to legislative or executive review. Through the use of various kinds of nonjudicial review, the states have served as innovative laboratories for the development of this concept. This Comment first outlines the history of nonjudicial review of agency rulemaking. It then describes and evaluates the gubernatorial and legislative review provisions of the 1981 Model Act. Finally, drawing upon the experiences of several states, it proposes a modification of the Act's approach to nonjudicial review. The proposed approach limits the scope of advisory review and minimizes the potential for abuse.
David S. Neslin,
Quis Custsodiet Ipsos Custodes?: Gubernatorial and Legislative Review of Agency Rulemaking Under the 1981 Model Act,
57 Wash. L. Rev.
Available at: https://digitalcommons.law.uw.edu/wlr/vol57/iss4/4