Government Agencies - Assignment Essays %

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Ways people can influence government agencies

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write to agency, write to congress, Freedom of Information Act, Sue in court

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How many agency inspector generals are there

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What do agency inspector generals do?

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Conduct independent investigations, audits of agency personnel, essentially the internal police within agencies

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Hatch Act (1939)

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a congressional law that forbade government officials from working on political campaigns

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What political rights do employees of the federal government not have

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Can't run in partisan elections, can't campaign on the job for other candidates, can't use position to influence an election

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Rulemaking

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The procedure government agencies use to adopt regulations

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1. Proposed Rule

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Agency drafts this, then the department of agency approves it.

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OMB regulatory impact rule

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If the proposed rule will impact the private sector by $100 Million or more per year it is considered a "major rule" and a regulatory impact analysis is required

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2. Cost- Benefit review

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performed by the agency but overseen by the Office of Management and Budget where the analysis is sent

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3. A notice and comment period

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when the agency publishes the proposed rule in the federal register (will reference statutory authority that gives it a power to adopt regulations)

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4. Receives and Digests Comment

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Most of this happens electronically, Agencies receive only a small fraction of comment in hard copy. It will often disclose on its website the individual comments and on a federal government website called regulations.gov. Agency staff provides analysis of the number of comments.

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5. Agency may tailor the final rule based on public comment

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The agency will make reference to some of the comment, cannot change the proposed rule in a significant way otherwise the agency will have to start over.

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6. Part I

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Draft of final rule must go to OMB if a major rule.

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The final rule will be posted in the federal registry with a date that is effective

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7. Code of Federal Regulations (CFR)

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The rules are then put in the code of federal regulations

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This was

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Informal rulemaking

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Some agency rulemaking is exempt from the notice and comment requirements in the APA. What would be an example of this?

answer

Coast guard closing off boating because of bridge repair- a rule of emergency action.

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Rulemaking may not have a definite end due to

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agencies being sued and congress invoking congressional review act

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Different types of rules

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Procedural, interpretive, substantive (this one requires notice and comment period).

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Advisory opinions

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Issued by a regulatory entity to give some indication of how an administrator understands exising law

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Agency Adjudication

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The function of an administrative agency to hear complaints, similar to a judicial function.

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question

Ways people can influence government agencies

answer

write to agency, write to congress, Freedom of Information Act, Sue in court

question

How many agency inspector generals are there

answer

question

What do agency inspector generals do?

answer

Conduct independent investigations, audits of agency personnel, essentially the internal police within agencies

question

Hatch Act (1939)

answer

a congressional law that forbade government officials from working on political campaigns

question

What political rights do employees of the federal government not have

answer

Can't run in partisan elections, can't campaign on the job for other candidates, can't use position to influence an election

question

Rulemaking

answer

The procedure government agencies use to adopt regulations

question

1. Proposed Rule

answer

Agency drafts this, then the department of agency approves it.

question

OMB regulatory impact rule

answer

If the proposed rule will impact the private sector by $100 Million or more per year it is considered a "major rule" and a regulatory impact analysis is required

question

2. Cost- Benefit review

answer

performed by the agency but overseen by the Office of Management and Budget where the analysis is sent

question

3. A notice and comment period

answer

when the agency publishes the proposed rule in the federal register (will reference statutory authority that gives it a power to adopt regulations)

question

4. Receives and Digests Comment

answer

question

5. Agency may tailor the final rule based on public comment

answer

The agency will make reference to some of the comment, cannot change the proposed rule in a significant way otherwise the agency will have to start over.

question

6. Part I

answer

Draft of final rule must go to OMB if a major rule.

question

answer

The final rule will be posted in the federal registry with a date that is effective

question

7. Code of Federal Regulations (CFR)

answer

The rules are then put in the code of federal regulations

question

This was

answer

Informal rulemaking

question

Some agency rulemaking is exempt from the notice and comment requirements in the APA. What would be an example of this?

answer

Coast guard closing off boating because of bridge repair- a rule of emergency action.

question

Rulemaking may not have a definite end due to

answer

agencies being sued and congress invoking congressional review act

question

Different types of rules

answer

Procedural, interpretive, substantive (this one requires notice and comment period).

question

Advisory opinions

answer

Issued by a regulatory entity to give some indication of how an administrator understands exising law

question

Agency Adjudication

answer

The function of an administrative agency to hear complaints, similar to a judicial function.

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