Constitutional Amendment Article XVIII

Amendment Article XVIII


Delegation of regulatory authority. Disapproval of administrative regulations.

HJR 64                       1981

            Senate:            3808-3811

            House:            3761-3764

            Committee: Government Administration & Elections: 79-80

                                                Total Pages: 12  pages


Adopted: November 24, 1982 by a popular vote of  392,606 in favor and 167,570 against.


“This resolution is before us today because of the court case of Maloney v. Pac, where the Hartford superior court ruled that the section of the Uniform Administrative Procedure Act authorizing legislative review of administrative regulations was unconstitutional encroachment upon the separation of powers.”


Rep. Walkovich speaking on the floor of the Connecticut House of Representatives on April 30, 1981 to explain a proposed constitutional amendment which will preserve legislative review of executive agency regulations.


On March 17, 1981, the Connecticut Supreme Court had declined to address the constitutional issue, ruling instead that a question of constitutionality was not properly raised because the disputed traffic commission rule did not meet the definition of regulation under the uniform administrative procedure act.  Maloney v. Pac, 183 Conn. 313, 439 A2d 349.