Transcript Document
WELCOME TO UNIT 4 ADMINISTRATIVE LAW ANN SANOK PAUSE AND REVIEW… • THIS WEEK THERE IS NO QUIZ, ONLY THE DB AND A WRITTEN ASSIGNMENT WHICH I WILL GO OVER IN A FEW MINUTES • NEXT WEEK IS MIDTERM WEEK AND THERE IS NO SEMINAR (FEB 2ND) Rulemaking: How Agencies Get It Done • Rulemaking is the process by which an agency carries out its legislative mandate. • When an agency engages in rulemaking, it is creating law. In general, rulemaking is concerned with the administrative details of legislation. • In Unit 3’s DB,Linsley gave a great overview of new rules proposed by FERC, the Federal Energy Regulatory Commission. Agencies fine tune the law.. • Agencies cannot make new laws or change existing ones, but through the process of rulemaking they add detail to laws passed by the Congress. Common purposes of rulemaking include • IS IT SAFE????? • Adding scientific expertise. For example, in the U.S., the Federal Food, Drug, and Cosmetic Act outlaws the sale of adulterated or impure drugs. • The act requires that the Department of Health and Human Services promulgate regulations establishing which laboratory tests to use to test the purity of each drug. Regulations are often designed to protect the public from corporate abuses, while providing clear rules and fair expectations appropriate for each type of businesses • Example of using and agency for its industry expertise: The U.S. Clean Air Act and Clean Water Act requires the United States Environmental Protection Agency to determine the appropriate emissions control technologies on an industry-byindustry basis. You are not excluded! • Rulemaking processes are generally designed to ensure that: • the public is informed of proposed rules before they take effect; the public can comment on the proposed rules and provide additional data to the agency; the public can access the rulemaking record and analyze the data and analysis behind a proposed rule; the agency analyzes and responds to the public's comments; the agency creates a permanent record of its analysis and the process; the agency's actions can be reviewed by a judge or others to ensure the correct process was followed • • • • • ADMIN RULES….REALLY • It is important to realize…. ….that the bulk of law in the United States is made by agencies, not the state or federal legislatures Lets Read a Rule! • Go Announcements and click link to the Federal Register website • Under “What’s Hot”: Read the proposed rule for Hours of Service of Drivers, Proposed Rule, 75 FR 82170, December 29, 2010 Driver 8 take a break… • This Rule is written by the Federal Motor Carrier Safety Administration • The stated purpose is to promote safety and to protect driver health by regulating the number of consecutive hours commercial truck drivers can be on the road Moving on…. • • • This week, your Final Writing Project assignment is to submit a brief summary of the main ideas of your paper. This should include a clear thesis and an outline or brief summary of the main arguments of both sides, factors to be considered regarding oversight of agency action, as well as an outline of assumptions you have made about provisions of the law. This assignment is due by the end of Unit 4. • • One page is plenty! Bullets or short paragraphs are fine What about the mid-term!! • Don’t worry…a review will be posted under doc share at the beginning of Unit 5! Last slide… • As always, email with any questions or concerns • Remember no Seminar next week • Stay safe and warm..or cool if you are in Hawaii • See you in two weeks!