•Administrative Agencies, Rulemaking, and the Administrative Procedure Act

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  • Administrative Agencies, Rulemaking, and the Administrative Procedure Act

    , the Application Assignment is to be completed before the Discussion question.

    Administrative agencies, such as the Department of Justice, the Food and Drug Administration, and the Equal Employment Opportunity Commission, engage in the rulemaking process to carry out legislation (i.e., statutes) related to their area of expertise. For instance, the Equal Employment Opportunity Commission was charged with creating rules to carry out the Americans with Disabilities Act passed in 1990. The rules created by administrative agencies may implement, interpret, or prescribe law or policy, depending on the level of detail provided in the statute. For example, in some instances, there is very little detail in the statute as to how it should be carried out. In such instances, agencies must interpret and “flesh out” the statute and then create and implement rules related to the statute. The rulemaking process is guided by the Administrative Procedure Act (APA). There are three core elements of the APA modelinformation, participation, and accountabilitythat guide the rulemaking process. However, it is important to note that there are no standard set of procedures appropriate in all occurrences of rulemaking.

    To prepare for this assignment:

    • Review Chapter 1 of the course text, Rulemaking: How Government Agencies Write Law and Make Policy. Focus on how rules influence law and policy. Also consider the functions of rules.

    • Review Chapter 2 of the course text, Rulemaking: How Government Agencies Write Law and Make Policy. Pay attention to the elements (e.g. information, participation, and accountability) of rulemaking, as defined by the APA.

    • Review the article, “Rulemaking without Rules: An Empirical Study of Direct Final Rulemaking.” Consider the role of administrative agencies and the rulemaking element, participation.

    • Using the Internet, select and research an administrative agency and a recent policy for which the agency created and executed rules (i.e. Environmental Protection Agency and the Toxic Substances Control Act).

    • Consider one rule the agency you selected created and executed or might create and execute based on the policy you selected.

    • Reflect on how the agency executed the rule or might execute the rule, using the elements of the APA model.

      The assignment (1–2 pages):

    • Briefly explain the role of administrative agencies in the formation and execution of laws and public policy.

    • Briefly describe the administrative agency and policy you selected.

    • Explain one rule the agency created and executed or might create and execute based on the policy. In your explanation, be sure to indicate how the rule supports the policy. Be specific.

    • Explain how the agency executed the rule or might execute the rule, using elements from the APA model. Be specific and use examples to support your explanation.

      Support your Application Assignment with specific references to all resources used in its preparation. You are asked to provide a reference list only for those resources not included in the Learning Resources for this course.

 

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