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Administrative rulemaking
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the process that government agencies use to create regulations
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Bureaucracy
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the many departments and division of labor in government that are run by non-elected officials
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federal agencies
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a government body charged with administering and implementing legislation
executive branch - cabinet positions and executive departments created by the president
special government organizations (management of resources, financial oversight of industries, national security issues)
created by congress managed by executive
executive branch - cabinet positions and executive departments created by the president
special government organizations (management of resources, financial oversight of industries, national security issues)
created by congress managed by executive
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federal laws or acts
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bills that have been passed both houses of Congress, been signed by the President, passed over by a Presidental veto, or allowed to become a law without the President's signature
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red tape
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all of the bureaucratic regulations and systems we have to navigate when we deal with the government
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regulations
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rules made by executive departments and agencies
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Why federal agencies
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deal with matters that are too complex for the three branches of government to handle on their own
often called "independent agencies"
regulate areas of economy, enact laws, and provide services
often called "independent agencies"
regulate areas of economy, enact laws, and provide services
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Federal laws
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passed by both houses of congress
signed by the president
passed over presidental veto
allowed to become a law without the president's signature
signed by the president
passed over presidental veto
allowed to become a law without the president's signature
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Federal regulations
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rules made by executive departments and agencies
the process of federal agencies creating additional regulations is called administrative rulemaking
the process of federal agencies creating additional regulations is called administrative rulemaking
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common purposes of administrative rulemaking
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adding scientific expertise (food, drug, and cosmetic act)
adding details on how to implement a law (legislation on automobile fuel efficiency)
adding industry expertise (U.S. clean air act and clean water act)
adding flexibility (changing regulations based on changing conditions or culture)
finding compromise (a law being passed with hope that the federal agency will make regulations)
adding details on how to implement a law (legislation on automobile fuel efficiency)
adding industry expertise (U.S. clean air act and clean water act)
adding flexibility (changing regulations based on changing conditions or culture)
finding compromise (a law being passed with hope that the federal agency will make regulations)
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ROLES OF ADMINISTRATIVE RULEMAKING
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legislative - pass rules that are very much like laws
executive - enforce their own regulations
judiciary - have their own judicial bodies that issue rulings and punishments
executive - enforce their own regulations
judiciary - have their own judicial bodies that issue rulings and punishments
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BUREAUCRACY
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many departments and agencies
non-elected officials
- implementation
- administration
- regulation
"the government"
non-elected officials
- implementation
- administration
- regulation
"the government"
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RED TAPE
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- paperwork
- file forms
- obtain licenses
- commitees
- rules to follow
- file forms
- obtain licenses
- commitees
- rules to follow
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NEGATIVES OF administrative rulemaking
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complex rulingmaking removes accountability
increases federal power and decreases ability to be watched by public
hard for average citizen to know and understand all rules
increases federal power and decreases ability to be watched by public
hard for average citizen to know and understand all rules
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POSITIVES of administrative rulemaking
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services and protection!!
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COMMON AND RECOGNIZABLE AGENCIES
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CIA - collects and analzyes intelligence from foreign nations
EPA - enviromental protection
FCC- federal communication (radio and TV)
FDIC - federal deposits (banks)
federal reserve - private banking system
FTC - trade
FDA - food & drug
GSA - physical government property
IRS - revenue service
Interstate commerce commision
NASA
peace corps
SEC - securites and exchange
SBA - small bussinesses
USDA - argiculture
United states postal service
EPA - enviromental protection
FCC- federal communication (radio and TV)
FDIC - federal deposits (banks)
federal reserve - private banking system
FTC - trade
FDA - food & drug
GSA - physical government property
IRS - revenue service
Interstate commerce commision
NASA
peace corps
SEC - securites and exchange
SBA - small bussinesses
USDA - argiculture
United states postal service
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How do federal agencies make regulations and rules?
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- INFORMED (make sure public is informed)
- COMMENT (the public can comment on the proposed rules)
- RULEMAKING RECORD (access rulemaking records and analyze the date and analysis)
- RESPONDS ( analyze publics response)
- RECORD (creates permant record)
- REVIEWED (ensure correct process)
- COMMENT (the public can comment on the proposed rules)
- RULEMAKING RECORD (access rulemaking records and analyze the date and analysis)
- RESPONDS ( analyze publics response)
- RECORD (creates permant record)
- REVIEWED (ensure correct process)
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STEPS
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1 - legislation - congress passes a law containing instruction to create a new agency
2 - Advance notice of proposed rulemaking (optional)
publishes agency orginal analysis made for public review
3 - proposed rule - how the rule is justified and made, response to public
4 - Public comment - public submits comments, respond to every issue (30-180 days)
5 - final rule - minor changes published into code
6 - Judicial review(optional)
7- effective date - rule becomes effective on certain date
2 - Advance notice of proposed rulemaking (optional)
publishes agency orginal analysis made for public review
3 - proposed rule - how the rule is justified and made, response to public
4 - Public comment - public submits comments, respond to every issue (30-180 days)
5 - final rule - minor changes published into code
6 - Judicial review(optional)
7- effective date - rule becomes effective on certain date
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Some government regulations are not helpful
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raw milk lincese
untangling a whale restriction
stacks of forms
show me the calories
I need a veterinarian for my bees
no tiny oranges
untangling a whale restriction
stacks of forms
show me the calories
I need a veterinarian for my bees
no tiny oranges