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.
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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!
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Rulemaking processes are
generally designed to ensure that:
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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
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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….
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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.
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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!