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Agency dynamics: States that specify qualifications for any (even one) of their administrative agency leaders (2020)

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This survey is part of a series of 50-state surveys examining the five pillars key to understanding the administrative state
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Disclaimer: The research presented on this page was completed in 2020. It has not been regularly updated since its completion. This page is likely outdated and may be incomplete.

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This page contains information from a Ballotpedia survey about administrative agency dynamics, one of the five pillars key to understanding the main areas of debate about the nature and scope of the administrative state. Ballotpedia reviewed all 50 state constitutions and administrative procedures acts (APAs) to determine which states specified qualifications for any (even one) of their administrative agency leaders as of 2020.

Administrative agency leaders are those who direct the activities of state agencies. State requirements for agency leaders vary but some require leaders to be over a certain age, be U.S. citizens, have relevant professional experience, or have special certifications. Ballotpedia looked for examples across the 50 states and marked states as "yes" if any of their agency leaders must meet certain requirements before leading their agencies. These requirements might apply only to specific agency officials.

According to the Ballotpedia survey, 25 state APAs and constitutions specified qualifications for any (even one) of their administrative agency leaders and the other half of the states did not specify any required qualifications as of October 2020.

This page features the following sections:

In 2025, Ballotpedia updated the pillar system used to understand the main areas of debate about the nature and scope of the administrative state. Click here to learn more about this updated structure and to see Ballotpedia's current content related to the administrative state.



Background and methodology

Background

For this survey, Ballotpedia examined whether states specify qualifications for any (even one) of their administrative agency leaders. State-required qualifications range from age thresholds and citizenship status to professional experience and special certifications.

Methodology

In October of 2020, Ballotpedia examined all 50 state constitutions and Administrative Procedure Acts (APAs) to see whether states specified qualifications for administrative agency leaders.

For the purposes of this study, agency leaders are people who direct the activities of a state administrative agency. Ballotpedia did not consider the required qualifications for Administrative Law Judges (ALJs) or other hearing officers during this study.

Ballotpedia looked for examples across the 50 states and marked states as "yes" if any of their agency leaders must meet certain requirements before leading their agencies. These requirements might have applied only to specific agency officials. No provisions examined by Ballotpedia established qualifications that applied to all state administrative agency leaders.

Administrative Procedure Acts (APAs) govern the procedures state administrative agencies must follow to issue regulations and adjudicate disputes. The particular procedures outlined in each APA vary among the 50 states.

Other state laws might have specify qualifications for any (even one) of their administrative agency leaders but those were beyond the scope of this survey.

Half of the states specified qualifications for at least one of their administrative agency leaders. Thus, Ballotpedia concluded that those states specified qualifications for administrative agency leaders.

Half of the states did not specify qualifications for administrative agency leaders. Thus, Ballotpedia concluded that those states did not specify qualifications for administrative agency leaders.

To see the specific legal provisions Ballotpedia used to categorize each state, click here.

Summary of findings

Ballotpedia's survey of state constitutions and APAs produced the following key takeaways (as of October 2020):

  • 25 states had APAs or constitutions that specified qualifications for any administrative agency leaders.
  • 25 states had APAs or constitutions that did not specify qualifications for any administrative agency leaders.

Results: States that specified qualifications for any (even one) of their administrative agency leaders

The table below includes each state in alphabetical order and indicates those with specific provisions in their constitutions or APAs that specified qualifications for any (even one) of their administrative agency leaders.

  • Done means that the state APA or constitution specified qualifications for any administrative agency leaders
  • DefeatedA means that the state APA or constitution did not specify qualifications for any administrative agency leaders

Other state laws that might have specified qualifications for any (even one) of their administrative agency leaders were beyond the scope of this survey.

State Constitution or APA provisions that specified qualifications for any administrative agency leaders
Alabama Done
Alaska Done
Arizona Done
Arkansas Done
California Done
Colorado Done
Connecticut DefeatedA
Delaware DefeatedA
Florida Done
Georgia Done
Hawaii Done
Idaho Done
Illinois DefeatedA
Indiana DefeatedA
Iowa DefeatedA
Kansas Done
Kentucky Done
Louisiana Done
Maine DefeatedA
Maryland DefeatedA
Massachusetts DefeatedA
Michigan Done
Minnesota DefeatedA
Mississippi Done
Missouri Done
Montana Done
Nebraska DefeatedA
Nevada DefeatedA
New Hampshire DefeatedA
New Jersey DefeatedA
New Mexico DefeatedA
New York Done
North Carolina DefeatedA
North Dakota DefeatedA
Ohio DefeatedA
Oklahoma Done
Oregon Done
Pennsylvania Done
Rhode Island DefeatedA
South Carolina Done
South Dakota DefeatedA
Tennessee DefeatedA
Texas DefeatedA
Utah DefeatedA
Vermont DefeatedA
Virginia Done
Washington Done
West Virginia DefeatedA
Wisconsin DefeatedA
Wyoming Done

See also

Footnotes

v • e
The Administrative State
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Pillars
Reporting
Laws
Administrative Procedure Act • Antiquities Act • Civil Service Reform Act • Clayton Antitrust Act • Communications Act of 1934 • Congressional Review Act • Electronic Freedom of Information Act • Federal Food, Drug, and Cosmetic Act of 1938 • Federal Housekeeping Statute • Federal Reserve Act • Federal Trade Commission Act of 1914 • Freedom of Information Act • Government in the Sunshine Act • Independent Offices Appropriations Act of 1952 • Information Quality Act • Interstate Commerce Act • National Labor Relations Act • Paperwork Reduction Act • Pendleton Act • Privacy Act of 1974 • Regulatory Flexibility Act • REINS Act • REINS Act (Wisconsin) • Securities Act of 1933 • Securities Exchange Act of 1934 • Sherman Antitrust Act • Small Business Regulatory Enforcement Fairness Act • Truth in Regulating Act • Unfunded Mandates Reform Act
Cases
Abbott Laboratories v. Gardner • A.L.A. Schechter Poultry Corp. v. United States • Association of Data Processing Service Organizations v. Camp • Auer v. Robbins • Chevron v. Natural Resources Defense Council • Citizens to Preserve Overton Park v. Volpe • Federal Trade Commission (FTC) v. Standard Oil Company of California • Field v. Clark • Food and Drug Administration v. Brown and Williamson Tobacco Corporation • Humphrey's Executor v. United States • Immigration and Naturalization Service (INS) v. Chadha • J.W. Hampton Jr. & Company v. United States • Lucia v. SEC • Marshall v. Barlow's • Massachusetts v. Environmental Protection Agency • Mistretta v. United States • National Federation of Independent Business (NFIB) v. Sebelius • National Labor Relations Board v. Noel Canning Company • National Labor Relations Board v. Sears, Roebuck & Co. • Panama Refining Co. v. Ryan • Securities and Exchange Commission v. Chenery Corporation • Skidmore v. Swift & Co. • United States v. Lopez • United States v. Western Pacific Railroad Co. • Universal Camera Corporation v. National Labor Relations Board • Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council • Wayman v. Southard • Weyerhaeuser Company v. United States Fish and Wildlife Service • Whitman v. American Trucking Associations • Wickard v. Filburn • Wiener v. United States
Terms
Adjudication (administrative state) • Administrative judge • Administrative law • Administrative law judge • Administrative state • Arbitrary-or-capricious test • Auer deference • Barrier to entry • Bootleggers and Baptists • Chevron deference (doctrine) • Civil servant • Civil service • Code of Federal Regulations • Codify (administrative state) • Comment period • Compliance costs • Congressional Record • Coordination (administrative state) • Deference (administrative state) • Direct and indirect costs (administrative state) • Enabling statute • Ex parte communication (administrative state) • Executive agency • Federal law • Federal Register • Federalism • Final rule • Formal rulemaking • Formalism (law) • Functionalism (law) • Guidance (administrative state) • Hybrid rulemaking • Incorporation by reference • Independent federal agency • Informal rulemaking • Joint resolution of disapproval (administrative state) • Major rule • Negotiated rulemaking • Nondelegation doctrine • OIRA prompt letter • Organic statute • Pragmatism (law) • Precautionary principle • Promulgate • Proposed rule • Publication rulemaking • Regulatory budget • Regulatory capture • Regulatory dark matter • Regulatory impact analysis • Regulatory policy officer • Regulatory reform officer • Regulatory review • Rent seeking • Retrospective regulatory review • Risk assessment (administrative state) • Rulemaking • Separation of powers • Significant regulatory action • Skidmore deference • Statutory authority • Substantive law and procedural law • Sue and settle • Sunset provision • Unified Agenda of Federal Regulatory and Deregulatory Actions • United States Code • United States Statutes at Large
Bibliography
Agencies
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