CA Regulatory Explainer: Role of Administrative Agencies in State Government

CA Regulatory Explainer: Role of Administrative Agencies in State Government By Chris Micheli

California’s administrative agencies play a key role in state government and in public policy development. That is because there are over 200 state agencies, departments, boards, and commissions which have the authority to implement, interpret and enforce state laws and regulations.

These entities enjoy quasi-legislative (i.e., the authority to adopt regulations – or laws – similar to the legislative branch of government, often called rulemaking authority) and quasi-judicial (i.e., the authority to interpret laws similar to a court) powers. These state entities also formulate and influence state policies and legislation by administering the laws adopted by the Legislature and executive orders promulgated by the Governor.

As a result, administrative agencies of state government are often important players in public policy development in this state. For example, by influencing pending legislation that impacts their jurisdiction (such as air quality by the California Air Resources Board), interest groups, the Legislature, and the Governor are impacted by their views on bills. They also interpret statutes, enforce laws, and adopt regulations to implement those laws.

Because they are a part of the executive branch of government, these entities are generally responsible to the Governor, but they also play an important role in advising the governor and his or her staff on pending legislation, the state budget, and related public policy issues. As such, those engaged in developing public policy must engage with these administrative agencies.

As a result of that input to the Governor, legislators and interest groups must consider the views of these agencies and departments when considering legislation and the pros and cons of particular bills and issues. The recommendations of state administrative agencies, just like their federal counterparts, carry great weight with the Governor and his or her staff when making decisions.

The regulated community must also pay close attention to the work of these state agencies, departments, boards, and commissions. They all have general or specific rulemaking authority, which means they can add, amend or repeal regulations that impact those regulated by them, such as nurses by the State Nursing Board or agricultural companies that spray their crops by the Department of Pesticide Regulation.

In addition, by having enforcement power, these state entities can enforce the statutes and regulations governing the conduct of those they regulate. This means that these state entities can investigate a company and cite or fine them for a violation or suspend their license to conduct business in the state. This enforcement power is very important and means that these state entities are influential naturally with the regulated community that they oversee.

Whether conducting investigations, enforcing or interpreting the laws, state administrative agencies are a crucial player in state government and they wield enormous power with a myriad of different entities in and out of state government.

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