State Administrative Procedure Acts

A Revised Model State Administrative Procedure Act was issued in 1961 and it was revised again in 1981.  The purpose of the Act is to achieve uniformity among state agencies with respect to the development of procedural safeguards.  This becomes all the more important when individual privileges are at stake.  The Act provides a framework of fair procedures for agencies that are responsible for both administration and adjudication of their respective statutes.

The Act applies to all agencies and all proceedings which are not expressly exempted.  The Act creates procedural rights and imposes procedural duties in addition to those created and imposed by other statutes.[i]  Any duty or right created by the Act cannot be superseded by any other statute, unless the other statute expressly provides otherwise.  Further, the provisions of the Act are severable.[ii]

Moreover, the 1981 revised Act provides that a State Act can adopt a provision that allows the governor or the attorney general to suspend one or more provisions of the Act, to avoid denial of funds or services from the U.S.  If any provision of the Act is suspended, the governor or the attorney general has to report the suspension to the legislature or other authorized authority.[iii]

[i] Model State Administrative Procedure Act (1981) § 1-103(b).

[ii] Model State Administrative Procedure Act (1981) § 1-109

[iii] Model State Administrative Procedure Act (1981) § 1-104


Inside State Administrative Procedure Acts