State of the States: Codifying regulatory review


In Part II of our State of the States report, we find regulatory review is most impactful when reinforced by legislation. We identify best practices in codifying regulatory review based on examples from state case studies.*

Regulatory reform is gaining momentum as recent executive orders at the state and federal level require regulatory agencies to conduct sweeping reviews of existing rules.

Argive’s earlier report identified best practices in top-down reform, but the inherently fleeting nature of executive orders necessitates legislative action to achieve lasting change. 

In this report, Argive conducts a follow-up survey of state legislatures to identify policies that ensure sustainable regulatory review frameworks. We examine four states with active retrospective review policies and analyze their respective strengths and weaknesses.

 Our findings inform key recommendations for state-level regulatory review programs. 

*Report updated 2/20/2018. Special thank you to North Carolina Regulatory Review Commission for feedback and notes. 


State of the States: Exploring top-down regulatory review


While the results of federal regulatory reforms are mixed, state-based initiatives are taking strides to reduce red tape. In this report, Argive surveys the fifty states to identify the driving factors behind successful executive-led regulatory reform policies. 

Momentum for regulatory reform is escalating as new research indicates the adverse effects of regulatory accumulation on business owners and economic growth. Regulatory agencies at every level of government are being tasked with reviewing existing policies and identifying outdated, overly burdensome, and ineffective rules

While recent federal initiatives have been met with mixed success, state governments are sprinting ahead in their efforts to reduce red tape. Recently launched Governor-led campaigns like No MO Red Tape in Missouri and Red Tape Reduction in Kentucky are examples of creative and transparent strategies to reduce regulatory burden. 


Improving A Perspective from Silicon Valley


In this report, we identify key challenges and areas for improvement in the existing online government rulemaking portal. We offer practical solutions for improving based on best practices from private sector technology. was created in 2003 to enable online regulatory policy participation and was widely considered an impressive development at the time. However, standards in information technology for managing user generated content have since dramatically outpaced’s development and, consequently, the interface stands out as antiquated in 2017. 

Because the website lacks features that can accommodate and organize a high volume of public comments, the regulatory process remains largely disconnected from and unrepresentative of citizen feedback. Instead of serving as an efficient communication tool, exists as a formality to legislative requirements of the rulemaking process. 


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