Accountability in Rule Making Act


The Accountability in Rule Making Act seeks to increase the accountability of the executive in rulemaking decisions by requiring the governor of a given state to approve final regulations before an agency can publish a new rule.

Accountability in Rule Making Act

Model Policy

Section 1.

(a) The adoption or amendment of any rule or rules package by any state agency shall be subject to the approval of the governor.

(b) No agency may submit for publication in the [state Administrative Register] any required notice of the adoption of a new rule or the amendment of an existing rule without first receiving from and including a copy of the written approval of the adopted or amended rule by the governor.

(c) For purposes of this section/act, a covered rule is any agency statement of general applicability and future effect that is binding on the public or that more than nominally affects private rights, privileges, or other obligations, whether it is a rule issued after public notice and comment or an emergency rule. A covered rule does not include agency adjudications, permits or rules of individual applicability, or matters of internal agency management that have no substantial effect on non-government parties.

*States with legislative review of agency rules may instead consider providing that rules must be approved by the governor before being submitted to the legislature for review.