Restoring Legislative Authority: A Balanced Approach to Agency Deference

C. Boyden Gray Center for the Study of the Administrative State Research Paper No. 24-25

To restore the proper checks and balances between state government branches, we think deference should depend on legislative delegation. The agency bureaucrat’s decision tree should first ask whether the legislature wants his agency to write a regulation, second whether that regulation aligns with the legislature’s intent, and finally whether the agency’s interpretation and process to create the rule were reasonable.

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