Administrative Rulemaking

Administrative Rulemaking

Introduction

The administrative rulemaking process includes many stages and access points for both stakeholders and the public to participate. The Administrative Procedures Act was adopted in 1946 as an oversight and accountability tool for the rapidly expanding government under President Franklin D. Roosevelt's New Deal. The Administrative Procedures Act requires agencies to follow its administrative rulemaking guidelines so that government entities could carry out congressional statutes through the creation of rules. According to the APA, a rule "means the whole or part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy". A rule created by an agency could then carry the same legal force as a law.

In this paper, we will be discussing pros and cons of administrative rulemaking with its current laws and legislations.

Discussion

Administrative rulemaking consists of the stages or processes by which an agency creates and implements a rule. Congressional influence is generally administered through procedural requirements that restrict agency discretion in several ways. Examining the history of clean air regulations, William (2005) finds structural and procedural amendments proposed in the 1977 Clean Air Act reflect the general preferences of congressional members. The authors claim administrative procedures in the Act impose "a particular sequence on agency decision making"; "impose delay, affording ample time for politicians to intervene"; and allow politicians to adjust the set of pressures from the environment the agency faces and in turn stack the deck in favor of certain constituents.

While the existing empirical literature on rule making advances our understanding of rule making, it begs for more. Specifically, rulemaking, as suggested in many studies, exists in a complex environment imbued with an assortment of divergent interests. Ascertaining the complexities of rulemaking warrants a "cradle to grave" approach, or a systemic exploration of all possible factors involved in shaping the final outcome.

Pros and Cons of Administrative Rulemaking

There are various reasons for following an administrative rulemaking. For instance, an act that generally requires the purpose for a rule or regulation be states, along with the basis and authority for the rule. It brings reasonableness to be the rulemaking method.

However, numerous issues and controversies currently exist within rulemaking literature. It can be said that rulemaking can be a time consuming method. For instance, in 1974 guidelines for water pollution controls were issues; however, the actual rulemaking did not begin until 1977 and it was not completed until 1979. In addition, agencies should follow the steps for utilizing the rule that includes the following steps (Bernstein 2001):

Writing up the proposed rule.

Publishing the rule in the Federal Register.

Sending to any agencies involves for reviewing.

Reviewing any recent orders or guidelines.

Checking with the budget office.

Reading the views of those who respond to the Federal Register.

Revising the proposed rule accordingly.

Publishing the revised proposed rule in the Federal register.

Submitting the revised rule to any interested agencies.

Making a cost analysis report for the budget department.

Approving final rules.

Publishing final rule in the federal Register.

Implementing and enforcing rule after 30 days to ...