Administrative lawLesson 1 of 1 in the course Administrative procedure

U.S. Federal Rulemaking: Procedures, Public Oversight, and Judicial Review

5 flashcards · 5 quiz questions · 5 match pairs · 5 fill-in sentences · English

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Summary

Rulemaking is the process through which government agencies turn broad legislative policies into detailed regulations. This lesson explains why legislatures delegate detail-setting to agencies and how rulemaking can combine expertise with public policy.

Legislatures commonly establish broad goals by passing statutes. They may authorize an executive or independent agency to develop the detailed requirements needed to carry out those goals. The agency’s creation and authority are grounded in the statute that authorizes its work.

All flashcards

Rulemaking
The process by which an agency creates regulations under authority granted by law.
Advance Notice of Proposed Rulemaking (ANPRM)
An optional early notice that invites information and feedback before a proposed rule is published.
Rulemaking docket
The collection of materials considered by an agency, including analysis and public comments.
Remand
A court's return of a rule to an agency for further explanation, analysis, or action.
Hybrid rulemaking
A process combining notice-and-comment procedures with features such as evidentiary hearings.

Quiz questions

  1. Which U.S. federal statute is central to agency procedures, including many notice-and-comment rulemakings?Answer: The Administrative Procedure Act
  2. In U.S. federal rulemaking, what is the usual relationship between the Federal Register and the Code of Federal Regulations?Answer: The Federal Register publishes notices; the CFR generally codifies final regulatory text.
  3. After receiving public comments on a proposed rule, what must an agency generally do with significant issues raised?Answer: Consider them and explain its responses in the final rule.
  4. A final rule includes provisions the public could not reasonably anticipate from the proposal. What is this concern commonly called?Answer: A bolt out of the blue
  5. When reviewing an agency rule, what do courts generally examine closely rather than redoing the agency's technical analysis?Answer: Whether the agency acted within its authority and followed required procedures

Based on the Wikipedia article Rulemaking, licensed CC BY-SA 4.0. Adapted into a summary, flashcards and quizzes.

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