Influence on Rulemaking
There are many steps in the rulemaking process going on behind the scenes that the general public does not see. “Federal agencies issue more than 4,000 final rules ear year on topics ranging from the timing of bridge openings to the permissible levels of arsenic and other contaminants in drinking water (Copeland, 2008).” Rules are not only made on controversial topics or topics you hear on the news. With the high amount of rules made, there is many guidelines in place. Requirements for rulemaking are either specific to an individual agency or applicable to a wide range of agencies.
Rulemaking is exactly what it sounds like, the process in which federal agencies make a new rule. They are started when a problem arises
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Sometimes the process is quick or it can take several years. For example, According to Copeland (2008), on average it takes the OSHA or occupational safety and health administration an average of 10 years to develop a new safety standard in healthcare. Purpose of Rulemaking
The purpose of rulemaking in the operation of legislation is to ensure order and establish standards to make sure that the public is being protected and treated fairly. Rules provide structure, efficiency, and accountability. Legislation wants to establish transparency and be able to create public knowledge of all rulemaking. When the public feels that there is no secrets then they are happier and help make and follow the rules as well.
Legislation has an influence on rulemaking by establishing many provisions that restrict or regulate the rulemaking process. Some examples include, Regulatory Flexibility Act, Unfunded Mandates Reform Act, Paperwork Reduction act, Administrative Procedure Act, and Federal Register
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According to Copeland (2008) the act minimizes the burdens in which they must justify the collection of information from the public by establishing the need and intended use on the information. Suggestions of Rulemaking
I have many suggestions on the importance of the implementation phase of the legislation including communication and organization. The implementation phase includes establishing a rule and turning it into a policy to take effect. There are so many steps for how a rule comes to life and can become very complicated.
There is a set process for making the rule however a rule can become entangled in a bureaucratic state or lost because of the federal funding or technical problem. The organization becomes a concern when the rule gets lost and cannot finish throughout the process to become effective. If the rule never becomes a policy then numerous resources were wasted. Including, from the staff who had to review it all the way to the meetings that were done and all the funding used to try and get it to take effect.
It is very important to make sure that all the steps are taken and the organization is implemented in order to get to the end of the implementation stage and have a rule become a
...g. It also introduces the reader to the APA (Administrative Procedure Act), obviously one of the most important aspects of current Administrative Law.
This delay stems from a provision in the original act stating that if Congress did not specify certain regulations by the end of 1999, the Department of Health and Human Services (HHS) had to do it. Congress did not meet its deadline, so HHS had to write up the regulations and give companies a chance to implement them.
As you can see this is an extremely repetitive process that follows main old practices and policies. Which is what a bureaucratic culture is built from.
Instead, Congress often delegates to federal entities authority to craft rules and regulations needed to carry out the mandates of laws. In order to maintain oversight over the entities that Congress grants authority to, Congress has established a requirement to publish a notice in the Federal Register detailing their proposed rules. Interested parties are then allowed a time period to express their concerns over said methods.
The Federal Bureaucracy is comprised of nearly every department, committee, and agency that makes up the Federal Government. The function of the bureaucracy is to implement laws and policies, define the rules and regulations of how a law works, and institute examinations, permits and licenses. Congress makes the laws and policies in a broad manner and the bureaucrats flesh out the details and minutia of the intent of that law’s maker. The bureaucrats of the specific department etc. may be appointed officials, civil service employees or other federal employees. The persons are typically specialized in a specific field that relates to the committee’s duties and responsibilities and possess more knowledge than the lawmakers, which allows policies
OSHA has been criticized on both ends, by industry for being too strict, and by unions for not being strict enough. In the 1980s, OSHA had instituted a policy that would exempt some workplaces from a complete inspection if they had a lower than average injury rate. However, that policy was abandoned when an employee died in a workplace that OSHA had not fully inspected. OSHA has implemented new procedures that have set higher penalties and increased the maximum fine for all types of infractions. OSHA may inspect a workplace at any time.
regulations such as the Clean Air and Water Acts or Americans with Disability Act that
Legislation is the process of making or enacting laws that applies to a nation, state or country. In the United Kingdom, legislations (laws) are made by passing of bills through parliament i.e. House of Commons and the House of Lords. Legislations and policies are there to provide and promote safety, fair access to services to improve the quality of care. (Vocabulary.2015.)
The ability for the federal government to regulate businesses’ activity is given in the Constitution. Article 1, Section 8 is known as the commerce clause; it states, “Congress shall have the Power…to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes” (Reed, 173). Through the commerce clause, the government is able to regulate business activity by the use of administrative agencies, which is defined as “a governmental regulatory body that controls and supervises a particular activity or area of public interest and administers and enforces a particular body of law related to that activity or interest” (Administrative Agency, 1). There are two types of regulatory authority that agencies may possess; quasi-legislative and/or quasi-judicial. Quasi-legislative means that agencies can make rules and regulations that have the same impact as a law created by federal legislation. Quasi-judicial authority gives agencies the power to make rulings, just like in federal courts.
This policy is politically acceptable by the democratic and republicans’ politicians. Democratic legislatures and administrates will favor this policy because it is based on community and social responsibility, but republicans will approve this policy due it is stands in individual rights and justice, thus rather party will believe that they can support this policy as it will enhance their political outrace. Furthermore, this policy is legal because it specifies communities and federal’s individual actions and standards related to the organization, development of proposal, maintenance of, and adherence to any federal rules or guidelines. On the other hand, this policy satisfies relevant interest groups through it effective evaluation methods,
An example of bureaucracy having an effect in American politics is when the Department of Defense was created back in 1947. Now a day we see our president pouring a lot of money into this department and help improving our countries defense.
Thirdly, there is a so-called "before and after" problem. When does the application of the Rules start and when does it stop? Views on this differ from country to country. The view can be held that t...
Before a law is passed it spends a great deal of time in the hands of officials in Congress, and even
The third step is the norming phase. This is the phase where commitment is solidified and accountability is important (Lencioni, 2002). In the norming stage, the team members start developing their own standards of performance. This stage defines the specifics of what makes acceptable versus unacceptable behavior. For instance, the team can define deadlines, dress codes and attendance at meetings. Power struggles have been resolved through discussion, though conflict will still be common if the team has established a trusting environment. In the norming stage, the team members start developing their own standards of performance. This stage defines the specifics of what makes acceptable versus unacceptable behavior. For instance, the team
Practical experience shows no organization is ever completely rule-bound: instead, all real organizations represent some mix of formal and informal. Consequently, when attempting to legislate for an organization and to create a formal structure, it is necessary to recognize informal organization in order to create workable structures. However, informal organization can fail, or, if already set in order, can work against mismanagement.