Must have magic statutory language or be required by the agency's on rules Only when rules are required by statute to be "made on the record after opportunity for an agency hearing" Lawyering tip When would you want to argue that formal rulemaking is required? What do you have to do to support your request? Evaluation Questions Rulemaking policy Why do legislatures authorize agencies to make rules, as opposed to doing everything by statute? What are political reasons to leave it to the agency? What about expertise? How does the nature of the act being enforced affect the latitude of the agency to make rules? How does a detailed statute like the Americans with Disabilities Act affect the room for rulemaking? Why might congress not want to give much room for rulemaking? What does the agency use to give direction if there is no room for rulemaking? What is the advantage to giving the agency broad authority? Why would a health agency need broad authority to respond to a public health emergency such as bird flu an example? What are risks to legislative control when the legislature gives the agency broad authority? Why is rulemaking favored by the courts? Be specific and explain how rulemaking improves the efficiency of government and makes it easier for regulated industries and individuals to know their duties. How can you use rulemaking to narrow the issues in adjudications? What is an example from disability law?
Must have magic statutory language or be required by the agency's on rules Only when rules are required by statute to be "made on the record after opportunity for an agency hearing" Lawyering tip When would you want to argue that formal rulemaking is required? What do you have to do to support your request? Evaluation Questions Rulemaking policy Why do legislatures authorize agencies to make rules, as opposed to doing everything by statute? What are political reasons to leave it to the agency? What about expertise? How does the nature of the act being enforced affect the latitude of the agency to make rules? How does a detailed statute like the Americans with Disabilities Act affect the room for rulemaking? Why might congress not want to give much room for rulemaking? What does the agency use to give direction if there is no room for rulemaking? What is the advantage to giving the agency broad authority? Why would a health agency need broad authority to respond to a public health emergency such as bird flu an example? What are risks to legislative control when the legislature gives the agency broad authority? Why is rulemaking favored by the courts? Be specific and explain how rulemaking improves the efficiency of government and makes it easier for regulated industries and individuals to know their duties. How can you use rulemaking to narrow the issues in adjudications? What is an example from disability law?
adlaw-2015s-Module-19-Rulemaking-When-do-you-need-notice-and-comment.docx