Sunset and Occupational Regulation

Within the past several years, a majority of states have implemented laws. I These laws are given the name sunset because they specify that programs and agencies should automatically terminate unless actively recreated by law. Although a variety of programs have been scrutinized by legislation, almost all states with laws have targeted occupational licensing agencies as primary objects for study. The merits of occupational licensing have been the subject of intense debate among scholars and public administrators since the 1960s. The need to regulate some professions for the protection of the public is obvious. So, however, is the self-serving nature of occupational regulation. Licensure may be used as a way to restrict entry into a profession or competition among professionals.2 Through laws states have considered a variety of approaches to deal with occupational licensing.' These approaches range from terminating state occupational regulation in some areas, consolidating and reorganizing administration, and in many cases, revamping disciplinary and investigative procedures. As expected, occupational licensing agencies and their respective constituency groups, have often resisted efforts to disturb the status quo. Those opposing reform complain that it subjects administration to arbitrary actions which characterize politically motivated legislators. Objective, knowledgeable deliberation is replaced by actions influenced by powerful political forces. Small agencies are the targets of substantive changes while large agencies escape a similar unpleasant fate. Legislators respond to the clout of large or wealthy constituencies but ignore the pleas of those who are smaller in number and lower in status.4 This is a report of a case study of review of occupational licensing agencies in Texas state government. Analysis included all occupational licensing agencies reviewed in both the 1979 and 1981 sessions of the Texas legislature.5 The object was to determine if different agencies were treated differently by the legislature and, if so, to find out what variables accounted for differences

Sunset · Occupational and Professional Licensing Regulation

• Sunset as Oversight

  Open Access•Cynthia Opheim, Landon Curry et al.•The American Review of Public…•1994

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• Influences on State Professional Licensure Policy

  Saundra K Schneider•Public Administration Review•1987

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• Sunset

  Richard C Kearney•Public Administration Review•1990

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