'Statutory Nondelegation': Another Misguided Idea in Administrative Procedure Reform
Widener Journal of Public Law, Vol. 8, pp. 301-45, 1999
46 Pages Posted: 8 Apr 1999
Statutory nondelegation is an administrative procedure reform mechanism that constrains agency authority to promulgate regulations, with the intention of enhancing the legislative accountability of agency rulemaking. For example, the Bumpers Amendment to the federal APA, proposed more than two decades ago, would have relied on courts to aggressively review the statutory authority for agency regulatory action. This article uses a 1996 Florida administrative procedure reform that revives the failed Bumpers Amendment to discuss some of the problems with statutory nondelegation as an administrative procedure reform. It argues that statutory nondelegation makes agency rulemaking less--not more--accountable. In addition, it discusses how Florida's statutory nondelegation reform has led to many radical administrative procedure reforms during the 1999 legislative session. The article uses Florida's misguided reforms, largely the product of a state law reform process dominated by special interest politics, to suggest a more tempered approach to administrative procedure reform for Pennsylvania and other states.
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