Report shows special interests dominate licensing board nominations
November 10, 2022
Arlington, VA; November 10, 2022: A new report released today by Pacific Legal Foundation shows that in dozens of states, members of public licensing boards are effectively handpicked by interest groups, which have an incentive to use their regulatory power to keep out competition.
The report, “Choosing the Gatekeepers: How Special Interests Control Licensing Board Nominations,” illustrates the scope of the problem across 50 states for 17 occupations that are governed by licensing boards. Of those professions, 23 states effectively hand over the power of nominating a number of board spots to a trade association for at least one board.
“Established industry associations have incentives to keep licensing barriers high to keep out competition from new or innovative providers,” said Stephen Slivinski, a senior research fellow at Pacific Legal Foundation. “These industry members can easily outvote members of the public who also sit on the board, making them essentially powerless to counter insider interests.”
This report was written by Stephen Slivinski, deputy director of strategic research and a senior research fellow at Pacific Legal Foundation who specializes in analysis of business regulation and occupational licensing.
Pacific Legal Foundation is a national nonprofit legal organization that defends Americans threatened by government overreach and abuse. Since our founding in 1973, we challenge the government when it violates individual liberty and constitutional rights. With active cases in 34 states plus Washington, D.C., PLF represents clients in state and federal courts, with 14 victories out of 16 cases litigated at the U.S. Supreme Court.