50-state-scorecard (TASP project)

	A	B	C	D	E	F
1	Scorecard question	Categories of possible answers	Categories of possible answers	Categories of possible answers	Categories of possible answers	Categories of possible answers

2	Nondelegation
3	Does the state APA or constitution place prohibitions on the delegation of legislative authority to other branches?	Yes	No
4	Does the state APA or consitution define what can be permissibly delegated?	Yes	No
5	Does the state APA or constitution require formal rulemaking?	Yes	No
6	Does the state have something like a regulatory review body?	Yes	No
7	Exec control of agencies
8	Does the state have cabinet-level (i.e. the officers of the executive branch) heads who are elected?	Yes	No
9	Does the state APA or constitution allow executive removal power over agency officials?	Yes	No
10	Are the main body of state ALJ's hired or appointed?	Hired	Appointed
11	How are state ALJ's organized?	Accountable to chief ALJ	Employee of agency
12	Deference
13	Does the state constitution or APA require de novo review of agency decisions?	Yes	No	e.g. under x circumstance	e.g. under y circumstance	e.g. when asked for
14	Do the state docs distinguish between civil and criminal deference	Deference in cases involving criminal penalties	Deference in cases involving civil penalties	Neither	Both
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17	Due process and procedural rights
18	Does the state APA or constitution specify who may challenge agency decisions made through agency adjudication?
19	Does the state APA or constitution require administrative exhaustion before a party may challenge an agency in a state court?
20	According to the state docs, is there a right to appeal to an Article III court after an adjudicative hearing decision	Yes	No	Sometimes (leads to further questions)
21	Do the state docs require agencies to prove that rule violators acted knowingly before imposing penalties?
22	Do the state docs require a higher burden of proof for agencies to impose monetary penalties beyond a certain monetary threshold? (If so, when?)			Yes	No	e.g. what amount
23	Does the state APA or constitution establish a monetary threshold below which agencies may impose penalties without a court order?
24	Does the state APA or constitution require formal adjudication? (trial-like adversarial hearing with witnesses, a written record, and a final decision before a neutral presiding officer)
25	Does the state APA or constitution allow for juries during adjudication hearings?
26	Does the state APA or constitution establish procedures for discovery (requiring the agency to provide documents to those challenging the agency/being charged by the agency before a hearing)
27	Does the state APA or constitution require agencies to allow defendants to submit oral or written evidence to the record?
28	Does the state APA or constitution allow defendants to cross-examine witnesses?
29	Does the state APA or constitution require presiding officers to base decisions on the contents of the hearing record?
30	Does the state APA or constitution require agencies to provide a transcript of the evidence used to reach a decision in an adjudicatory hearing?
31	Does the state APA or constitution require agency decisions in adjudications to provide the reasons for all material findings and conclusions?
32	Does the state APA or constitution allow the head of state agencies to review the decisions of ALJs or hearing officers de novo?
33	Does the state APA or constitution allowed informal adjudication? (Inspections, hearings without witnesses)
34	Does the state APA or constitution allow people who challenge agencies to use lawyers during a hearing?
35	Does the state APA or constitution require final agency action before a legal challenge?
36	Does the state APA or constitution define final agency action?
37	Does the state APA or constitution establish training requirements or professional qualifications for ALJs, hearing officers, or other agency officials who preside over adjudications?
38	Does the state APA or constitution require agencies to notify people about the agencies’ legal authority and particular matters of law or fact at issue before a hearing?
39	Does the state APA or constitution limit ex parte communications between ALJs/hearing officers and agency officials or other parties in an adjudication?
40	Does the state APA or constitution establish a burden of proof threshold during adjudication?
41	Agency Dynamics
42	Does the state APA or constitution declare rules void if created contrary to established rulemaking procedures?	(Does the state APA or constitution prohibit administrative agency rules made in ways that do not follow established rulemaking procedures?)
43	Does the state constitution or APA have sunsetting provisions for agency rules?
44	Does the state APA of constitution require agencies to perform cost-benefit analysis before implementing new rules?
45	Does the state APA or constitution restrict the use of guidance documents?
46	Does the state APA or constitution establish professional qualifications for agency leaders (other than those who serve as hearing officers/ALJs)?
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100