The New Hampshire Code of Administrative Rules is a body of administrative law of the U.S. state of New Hampshire. The Administrative Rules in the Code are enacted by state agencies pursuant to the rulemaking authority granted by the New Hampshire General Court. The Code serves to supplement the Revised Statutes Annotated by allowing agencies to further develop a statute or to impose a general requirement legally binding on the state.
Upon grant of rulemaking authority by the legislature, an agency is obliged to follow the requirements of the state Administrative Procedure Act (APA). Legislative oversight of the rulemaking process is provided by the Joint Legislative Committee on Administrative Rules (JLCAR). The membership of the JLCAR is composed of 5 members of the State Senate and 5 members of the House of Representatives, with 5 alternates from each chamber to fill in for absent members. Every 2 years the Senate members are appointed by the President of the Senate, and the House members by the Speaker of the House. No more than 3 regular members, and 3 alternate members, from each chamber may be from the same party.
The JLCAR may approve, conditionally approve, or object to final agency proposals or proposed interim rules. JLCAR approval is not required except for a proposed interim rule. Agencies may amend a proposed rule in response to an objection and still seek JLCAR approval, or the agency may withdraw the rule. The JLCAR may not object to an emergency rule but may petition for its repeal if the agency has not demonstrated that the rule is necessary to prevent an imminent peril to the public health or safety. An agency may not adopt a proposed regular rule after responding to an objection until the JLCAR has had an opportunity to examine the response and decide whether to approve the rule, make a final objection, or vote to support the introduction of a joint resolution. A final objection by the JLCAR is not a veto nor does it delay adoption of a rule, but it does shift the burden of proof to the agency on the lawfulness of the rule in a court challenge or court enforcement action of the rule.
Administrative law is the division of law that governs the activities of executive branch agencies of government. Administrative law concerns executive branch rule making, adjudication, or the enforcement of laws. Administrative law is considered a branch of public law.
The Spanish Constitution is the democratic law that is supreme in the Kingdom of Spain. It was enacted after its approval in a constitutional referendum, and it is the culmination of the Spanish transition to democracy. The Constitution of 1978 is one of about a dozen of other historical Spanish constitutions and constitution-like documents; however, it is one of two fully democratic constitutions. It was sanctioned by King Juan Carlos I on 27 December, and published in the Boletín Oficial del Estado on 29 December, the date in which it became effective. The promulgation of the constitution marked the culmination of the Spanish transition to democracy after the death of general Francisco Franco, on 20 November 1975, who ruled over Spain as a military dictator for nearly 40 years. This led to the country undergoing a series of political, social and historical changes that transformed the Francoist regime into a democratic state.
The Federal Register is the official journal of the federal government of the United States that contains government agency rules, proposed rules, and public notices. It is published every weekday, except on federal holidays. The final rules promulgated by a federal agency and published in the Federal Register are ultimately reorganized by topic or subject matter and codified in the Code of Federal Regulations (CFR), which is updated annually.
The Congress of the Republic of Colombia is the name given to Colombia's bicameral national legislature.
In administrative law, rulemaking is the process that executive and independent agencies use to create, or promulgate, regulations. In general, legislatures first set broad policy mandates by passing statutes, then agencies create more detailed regulations through rulemaking.
The Italian Parliament is the national parliament of the Italian Republic. It is the representative body of Italian citizens and is the successor to the Parliament of the Kingdom of Italy (1861–1943), the transitional National Council (1945–1946) and the Constituent Assembly (1946–1948). It is a bicameral legislature with 945 elected members and a small number of unelected members. The Italian Parliament is composed of the Chamber of Deputies and Senate of the Republic. The two Houses are independent from one another and never meet jointly except under circumstances specified by the Constitution. Following a referendum on 21 September 2020, the number of MPs in the Parliament will be reduced from 630 to 400 in the Chamber of Deputies and from 315 to 200 in the Senate starting with the next legislature.
Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, 435 U.S. 519 (1978), is a case in which the United States Supreme Court held that a court cannot impose rulemaking procedures on a federal government agency. The federal Administrative Procedure Act of 1946 and an agency's statutory mandate from Congress establish the maximum requirements for an agency's rulemaking process. An agency may grant additional procedural rights in the regulatory process. However, a reviewing court cannot "impose upon the agency its own notion of which procedures are 'best' or most likely to further some vague, undefined public good"; to do so would exceed the limits of judicial review of agency action.
United States federal administrative law encompasses statutes, common law, and directives issued by the Office of Information and Regulatory Affairs in the Executive Office of the President, that together define the extent of powers and responsibilities held by administrative agencies of the United States government. The executive, legislative, and judicial branches of the U.S. federal government cannot always directly perform their constitutional responsibilities. Specialized powers are therefore delegated to an agency, board, or commission. These administrative governmental bodies oversee and monitor activities in complex areas, such as commercial aviation, medical device manufacturing, and securities markets.
The State of New Hampshire has a republican form of government modeled after the Government of the United States, with three branches: the executive, consisting of the Governor of New Hampshire and the other elected constitutional officers; the legislative, called the New Hampshire General Court, which includes the Senate and the House of Representatives; and the judicial, consisting of the Supreme Court of New Hampshire and lower courts.
The government of Alabama is organized under the provisions of the 1901 Constitution of Alabama, the lengthiest constitution of any political entity in the world. Like other states within the United States, Alabama's government is divided into executive, judicial, and legislative branches. Also like any other state, these three branches serve a specific purpose in terms of power.
The Secretary of State of the State of Oklahoma is the chief clerical officer of Oklahoma and a member of the Oklahoma Governor's Cabinet. The Secretary of State is the only appointed constitutional member of the executive branch of the Oklahoma state government. The office of Secretary of State was elective from statehood until 1975 when the Constitution was amended and it became an appointive office, running concurrent with the Governor effective in 1979.
The Administrative Law, Process and Procedure Project is a bipartisan undertaking of the Committee on the Judiciary of the House of Representatives of the United States Congress. It consists of a comprehensive study of the state of administrative law, process and procedure in the United States. A description of the Project was included in the Judiciary Committee's Oversight Plan for the 109th Congress, as approved by the Committee on January 26, 2005. The Project will culminate with the preparation of a detailed report with recommendations for legislative proposals and suggested areas for further research and analysis to be considered by the Administrative Conference of the United States (ACUS). House Judiciary Committee Chairman F. James Sensenbrenner, Jr. (R-WI) and Ranking Member John Conyers (D-MI) requested the Congressional Research Service (CRS) to assist Representative Chris Cannon (R-UT), the Chairman of the Subcommittee on Commercial and Administrative Law (CAL), in conducting the Project.
The government of the State of New Jersey is separated into three distinct branches: legislative, executive, and judicial. The powers of the State of New Jersey are vested by the Constitution of New Jersey, enacted in 1947, in a bicameral state legislature, the Governor, and the state courts, headed the New Jersey Supreme Court. The powers and duties of these branches are further defined by acts of the state legislature, including the creation of executive departments and courts inferior to the Supreme Court. Like most states, the state allows the incorporation of county, and other local municipal government.
Proposition 218 is an adopted initiative constitutional amendment which revolutionized local and regional government finance and taxation in California. Called the "Right to Vote on Taxes Act," it was sponsored by the Howard Jarvis Taxpayers Association as a constitutional follow-up to the landmark property tax reduction initiative constitutional amendment, Proposition 13, approved in 1978. Proposition 218 was approved by California voters during the November 5, 1996, statewide general election.
The Administrative Procedure Act (APA), Pub.L. 79–404, 60 Stat. 237, enacted June 11, 1946, is the United States federal statute that governs the way in which administrative agencies of the federal government of the United States may propose and establish regulations and grants U.S. federal courts oversight over all agency actions. According to Hickman & Pierce, it is one of the most important pieces of United States administrative law, and serves as a sort of "constitution" for U.S. administrative law.
The California Administrative Procedure Act (APA) is a series of acts of the California Legislature first enacted 15 June 1945 that requires California state agencies to adopt regulations in accordance with its provisions. It predates the federal Administrative Procedure Act that was enacted almost a year later on 11 June 1946.
The law of New Jersey consists of several levels, including constitutional, statutory, regulatory, case law, and local law.
Primary legislation and secondary legislation are two forms of law, created respectively by the legislative and executive branches of governments in representative democracies. Primary legislation generally consists of statutes, also known as 'acts', that set out broad outlines and principles, but delegate specific authority to an executive branch to make more specific laws under the aegis of the principal act. The executive branch can then issue secondary legislation, creating legally enforceable regulations and the procedures for implementing them.
Oregon's Emergency Board is a statutory legislative committee composed of members of both houses of the Oregon Legislative Assembly. It has broad powers to allocate general fund resources, lottery revenue, and other state funds for unanticipated government requirements when the state legislature is not in session. The board can authorize an agency to overspend its approved budget or approve a new budget amount for specific agency tasks. It can also authorize the transfers of funds between agencies or budget accounts. The Emergency Board is jointly chaired by the President of the Oregon Senate and the Speaker of the Oregon House of Representatives.
