Rulemaking Procedures Under Model State Administrative Procedure Act

Pursuant to § 2-104 [Required Rule Making] of the Model State Administrative Procedure Act (1981),  each agency shall:

  • adopt as a rule a description of the organization of the agency which states the general course and method of its operations and where and how the public may obtain information or make submissions or requests;
  • adopt rules of practice setting forth the nature and requirements of all formal and informal procedures available to the public, including a description of all forms and instructions that are to be used by the public in dealing with the agency;
  • as soon as feasible and to the extent practicable, adopt rules, in addition to those otherwise required by this Act, embodying appropriate standards,
  • principles, and procedural safeguards that the agency will apply to the law it administers; and
  • as soon as feasible and to the extent practicable, adopt rules to supersede principles of law or policy lawfully declared by the agency as the basis for its decisions in particular cases.

§ 2-105. [Model Rules of Procedure] of the Model State Administrative Procedure Act provides that in accordance with the rule-making requirements of this Act, the attorney general shall adopt model rules of procedure appropriate for use by as many agencies as possible.  Moreover, the model rules must deal with all general functions and duties performed in common by several agencies.  Each agency shall adopt as much of the model rules as is practicable under its circumstances.  When an agency adopts a rule of procedure that differs from the model rules, it shall include in the rule a finding stating the reasons why the relevant portions of the model rules were impracticable.

However, the rule-making provisions of the 1981 version of the Model State Administrative Procedure Act do not apply to certain types of rules such as:

  • certain rules concerning prisons, schools, or hospitals;
  • rules concerning agency owned or maintained property;
  • agency budgets;
  • rules concerning internal management;
  • certain guidelines for investigation;
  • rules establishing specific prices for goods or services of the agency;
  • opinions of the attorney general;
  • forms whose substantive requirements are prescribed elsewhere.

Inside Rulemaking Procedures Under Model State Administrative Procedure Act