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Topic: Rulemaking


In the News (Fri 5 Dec 08)

  
 Rulemaking -- Facts, Info, and Encyclopedia article   (Site not responding. Last check: 2007-11-07)
Many find that obscure and complex rulemaking tends to undercut the (Click link for more info and facts about democratic) democratic ideal of a government that is (Click link for more info and facts about closely watched by) closely watched by and (Click link for more info and facts about accountable) accountable to its citizens.
Not a legal term of art, but describes the kind of rulemaking performed by agencies that is somewhere between formal (with a hearing and record) and informal (with the notice and comment procedures described above).
While the mechanics vary, these efforts follow the same pattern of an open rulemaking record, public publication of proposals, and an (Click link for more info and facts about opportunity for public comment) opportunity for public comment on those proposals before they are finalized.
www.absoluteastronomy.com /encyclopedia/r/ru/rulemaking.htm   (1773 words)

  
 Administrative Rulemaking - House Research
The typical reasons for delegating rulemaking authority to agencies are that the legislature does not have the time or expertise to deal with all aspects of a topic.
An agency may use the expedited rulemaking process under section 14.389 to amend or repeal the rule as requested by the petition.
If the ALJ determines that the agency is enforcing or attempting to enforce a policy as though it were a duly adopted rule, the ALJ must direct the agency to cease enforcement of the unadopted rule that is the subject of the petition.
www.house.leg.state.mn.us /hrd/issinfo/admrule.htm   (1765 words)

  
 Rulemaking   (Site not responding. Last check: 2007-11-07)
E- Rulemaking officials followed all of the key practices...
level of trust and confidence in the rulemaking in which agencies engage, and constrain...
the myriad complexities imposed on the rulemaking process on the federal level, one rightly...
hallencyclopedia.com /Rulemaking   (2095 words)

  
 Read about Rulemaking at WorldVillage Encyclopedia. Research Rulemaking and learn about Rulemaking here!   (Site not responding. Last check: 2007-11-07)
The rulemaking process has been critical to the success of some of the most notable government achievements of the
2001, addressing concerns that the public perceived the Commission’s legislative and rulemaking processes as too removed from citizen input.
The basis of this review by the courts may be limited to certain questions of fairness or the procedures that insure that both sides of a dispute are treated equally before any decision making occurs or that the decision is not
encyclopedia.worldvillage.com /s/b/Rulemaking   (1784 words)

  
 Rulemaking at the U.S. Department of Labor - OASP
Rulemaking at the U.S. Department of Labor - OASP
"Rulemaking" is the term used when a government agency creates, modifies, or deletes rules in the Code of Federal Regulations (CFR).
Unified Agenda of Federal Regulations (Regulatory Agenda) — A list of all regulations expected to be reviewed or developed in the next year; usually published each April and October in the Federal Register; the Fall Agenda also includes the Department's Regulatory Plan, which has additional information on its most significant regulatory activities.
www.dol.gov /dol/compliance/compliance-rulemaking.htm   (293 words)

  
 Electronic Rulemaking   (Site not responding. Last check: 2007-11-07)
He is directly involved in HHS rulemaking, and for twenty years was Director of a Division charged with reviewing all proposed and final rules to minimize burden, to assure that policies were cost-beneficial, and to propose options to improve rules before Secretarial decisions.
Rulemaking is only one of many government activities for which the Internet promises major breakthroughs in access, effectiveness, efficiency, and interaction.
Electronic rulemaking carries the promise of taking years off the rulemaking process, of meeting the true goals of the Administrative Procedure Act, and of reducing substantially staff time and effort needed to promulgate rules.
globe.lmi.org /erm/docs/erm525.htm   (3814 words)

  
 GAO Report on FAA Rulemaking   (Site not responding. Last check: 2007-11-07)
When we look at real rulemaking in Government, it seems we first have to come to grips with the fact that we are only bringing notions of efficiency to State and local and the Federal Government for the first time in the last decade or so in the first place.
Rulemaking is perhaps the most labor intensive part of what the Government does, not only because it has to do with itself, but the rule has to hear from all sides, it has to follow the APA, the Administrative Procedures Act.
Because the rulemaking process takes too long, there is a perception within industry that the efforts are made to try to circumvent the rulemaking process through advisory circulars and internal guidance, through service bulletins and through airworthiness directives.
commdocs.house.gov /committees/Trans/hpw107-31.000/hpw107-31_0.HTM   (12760 words)

  
 www.GovExec.com - Study: Consensus rulemaking not working (5/20/98)
Congress approved regulatory negotiation in the Negotiated Rulemaking Act of 1990, which was permanently reauthorized in 1996.
An NPR report issued in September 1993 said negotiated rulemaking could increase innovations in the substance of regulations and foster increased rates of compliance between regulated parties and federal agencies.
In 13 of the 67 negotiated rulemakings that had been announced by the end of 1996, the agency abandoned the formal negotiated process before any consensus was reached--a 20 percent failure rate.
www.govexec.com /dailyfed/0598/052098a1.htm   (431 words)

  
 Rulemaking Management System - Congressional Interest Status Report
Abstract: This rulemaking implements a congressional mandate of the Airport and Airway Safety Act of 1987 that the Department initiate rulemaking by April 28, 1988, to consider requiring all air carrier aircraft to replace existing seats with new designs that would be more crashworthy.
Abstract: This rulemaking would amend the pilot rest and duty requirements for pilots by ensuring they receive adequate rest opportunities while assigned to reserve status and by preventing lengthy duty periods that could contribute to acute and cumulative fatigue.
The rulemaking would propose a definition of "rest period." FAA earlier had planned to publish an SNPRM by 3/31/02.
regs.dot.gov /rulemakings/200311/faa.htm   (838 words)

  
 FR Doc 02-29231   (Site not responding. Last check: 2007-11-07)
Initiation of Rulemaking The impetus for a rulemaking \2\ may come from any one of several sources; Congressional directive; internal LSC initiative (Board or Committee members and/or staff); or a formal request from a member of the regulated community or general public.
If the Board decides to undertake a rulemaking, notice that a rulemaking proceeding has begun will be posted on the LSC website, indicating the subject matter of the rulemaking and whether the rulemaking will be accomplished through Notice and Comment, including whether the Corporation anticipates holding a Rulemaking Workshop, or be Negotiated.
LSC intends to use negotiated rulemaking in instances in which LSC believes that the Notice and Comment process, including the use of Rulemaking Workshops, will not suffice and that the Negotiated Rulemaking process is necessary to properly address complex and/or controversial issues posed by the rulemaking.
a257.g.akamaitech.net /7/257/2422/14mar20010800/edocket.access.gpo.gov/2002/02-29231.htm   (2627 words)

  
 Rulemaking Exercises   (Site not responding. Last check: 2007-11-07)
It demonstrates the steps and decisions made during environmental rulemaking.
Distribute handouts on Environmental Rulemaking and explain how a proposed environmental regulation becomes a final rule.
Rulemaking is the process which allows a proposed regulation to become a rule.
www.deq.state.la.us /assistance/educate/ruleexer.htm   (643 words)

  
 Rulemakings
The purpose of this rulemaking initiative is to harmonize requirements of the HMR with international standards for radioactive materials as well as to promulgate other DOT-initiated requirements.
This action is being taken to simplify the regulations, respond to petitions for rulemaking, address recommendations of the National Transportation Safety Board, and enhance the safe transportation of hazardous materials in cylinders.
No notice of proposed rulemaking (NPRM) has preceded this final rule because, in light of RSPA's lack of discretion concerning the regulation of hazardous substances under the HMR, RSPA finds that under the Administrative Procedure Act notice would serve no purpose and thus is unnecessary.
hazmat.dot.gov /regs/notices/rulemake.htm   (9226 words)

  
 Rulemaking Notices - November Bulletin   (Site not responding. Last check: 2007-11-07)
To expedite the rulemaking process, many agencies have set the time and place for a hearing in the Notice.
Written and oral comments may be submitted at the appropriate time during a rulemaking hearing as outlined in OAR 137-001-0030.
Summary: This rulemaking proposes to replace a temporary rule that establishes a market assistance plan for commercial general liability insurance, a class of commercial liability insurance, with a permanent rule that serves the same purpose.
arcweb.sos.state.or.us /rules/1104_Bulletin/1104_rulemaking_bulletin.html   (3238 words)

  
 Cary Coglianese, Assessing Consensus: The Promise And Performance Of Negotiated Rulemaking, 46 Duke L. J. 1255 (1997)   (Site not responding. Last check: 2007-11-07)
The average negotiated rulemaking takes a little less than two and a half years to complete, from the time the agency announces its intent to form a negotiated rulemaking committee to the time the final rule is published (see Table 3).
In other words, the nonrandom assignment of rules to negotiated rulemaking introduces the possibility that the rules chosen for negotiated rulemaking were ones that already had either a greater or lesser need for time, or a greater or lesser propensity to be litigated, at least when compared with the average rule implemented through informal rulemaking.
Since rulemaking time and the prospects for litigation increase with the overall significance of EPA rules, it is helpful to determine whether the findings reported in Part II derive from a bias in the level of significance of the rules selected for negotiated rulemaking.
www.law.duke.edu /journals/dlj/articles/DLJ46P1255.htm   (13541 words)

  
 News Releases, FEC Seeks Comment on Proposed Rules Regarding Political Committee Status   (Site not responding. Last check: 2007-11-07)
Consequently, the Commission is undertaking this rulemaking to revisit the issue of whether the current definitions of "political committee" adequately encompasses all organizations that should be considered political committees subject to the limitations, prohibitions and reporting requirements of the Act.
A similar review of the definition of "expenditure" and its implications, along with the rules for allocating funds for activities involving both federal and nonfederal elections are also a part of this rulemaking.
The notice of proposed rulemaking, which can be found at http://www.fec.gov/register.htm, was published in the Federal Register on March 11, 2004.
www.fec.gov /press/press2004/20040312rulemaking.html   (328 words)

  
 The Federal Communications Commission Rulemaking Process   (Site not responding. Last check: 2007-11-07)
If you would like to be part of the FCC rulemaking process, you may want to learn how to file comments with the FCC.
A Notice of Proposed Rulemaking is issued to detail proposed changes to FCC rules or to seek public comment on more focused proposals.
The Office of Public Affairs produces a weekly News Release, Open Proceedings, that lists current FCC Notices of Proposed Rulemaking and Notices of Inquiry that are open for public comment and includes pertinent Public Notices announcing comment subjects and dates.
wireless.fcc.gov /csinfo/ruleprocess.html   (864 words)

  
 E-Rulemaking
It makes research papers, policy documents, conference materials, and key websites accessible to anyone who is interested in the use of information technology in the regulatory process.
E-rulemaking refers to the use of digital technologies by government agencies in the rulemaking process.
Appropriate use of information technology is thought to hold the potential for helping agencies manage the rulemaking process more effectively, enhance the legitimacy of their regulatory decisions, and promote more cost-effective compliance.
www.ksg.harvard.edu /cbg/rpp/erulemaking   (251 words)

  
 SSRN-The Electronic Revolution in Rulemaking by Beth Noveck
Informal rulemaking is about to be transformed by the silent revolution of E-Government, the widespread incorporation of web-based technology in the public sector.
Having to translate rulemaking into a set of software specifications confronts the question of how to embed the desired practices for participation into the design of software.
This design-centered approach has the potential to ground the law of rulemaking in actual practice and to anchor that practice in the theory of participatory democracy and collective action.
papers.ssrn.com /sol3/papers.cfm?abstract_id=506662   (558 words)

  
 E- Rulemaking Conference - Schedule
He was a principal draftsman of the Negotiated Rulemaking Act and of the Administrative Dispute Resolution Act.
Her current research compares negotiated to conventional rulemaking at the U.S. Environmental Protection Agency, and she is studying the consequences of varying levels of discretion in Federal agencies.
As the director of the eRulemaking Initiative, he is overseeing the construction and maintenance of a federal-wide electronic rulemaking system to be used by over 180 agencies-migrating 30 legacy systems from the other federal agencies and integrating the other 150 paper-based agencies.
www.american.edu /academics/provost/rulemaking/schedule.htm   (5865 words)

  
 SSRN-Assessing the Advocacy of Negotiated Rulemaking: A Response to Philip Harter by Cary Coglianese
Harter criticized the way I measured the length of the rulemaking process, claimed that I failed to appreciate differences in litigation, and suggested that my results did not matter in any case since negotiated rulemaking has resulted in rules that are demonstrably better than rules developed through conventional regulatory practices.
The absence of support for Harter's criticisms, like the absence of support for the claims made by other advocates of negotiated rulemaking over the years, serves only to underscore the conclusion of my original research that the promises made for negotiated rulemaking remain unfulfilled.
Coglianese, Cary, "Assessing the Advocacy of Negotiated Rulemaking: A Response to Philip Harter".
papers.ssrn.com /sol3/papers.cfm?abstract_id=271663   (402 words)

  
 PFBC Final Rulemaking 151
  The Commission is publishing this final-form rulemaking under the authority of 30 Pa. C.S. (relating to the Fish and Boat Code) (code).
The final-form rulemaking will not increase paperwork and will create no new paperwork requirements.
A notice of proposed rulemaking was published at 33
sites.state.pa.us /PA_Exec/Fish_Boat/rulemakings/151finp.htm   (716 words)

  
 PUCT - Rules and Laws - Closed Rulemaking Activities
Rulemaking to Implement SB 1659, 77th Leg., Format of Telecommunications Utility Billing Statements.
Rulemaking to Implement HB2388, 77th Leg., Provision of Telecommunications Services to an Area Not Included in a Certificated Service Area.
Discussion and possible rulemaking relating to outstanding HB 1777 implementation issues for discussion and possible rulemaking.
www.puc.state.tx.us /rules/rulemake/closed.cfm   (761 words)

  
 Rulemaking - Other Information   (Site not responding. Last check: 2007-11-07)
At each public meeting associated with the rulemaking IDEM must post a meeting agenda at the door prior to the meeting, and maintain minutes that are available for public inspection or copying.
In addition, IC 4-22-2-17 requires that the rulemaking actions of the boards must comply with the Access to Public Records Law (IC 5-14-3), which places the burden of proof for the nondisclosure of a public record on the public agency that would deny access to the record.
Under IC 4-22-2-45, any claim that a rulemaking is invalid because the proper rulemaking process (as described in IC 13-14-9) was not followed correctly must be filed within two (2) years of the adoption of the rule.
www.state.in.us /idem/guides/publicparticipation/rules/otherinformation.html   (470 words)

  
 EPA Brownfields Negotiated Rulemaking Committee on All Appropriate Inquiries
Negotiated rulemaking is a process which brings together representatives of various interest groups and a federal agency to negotiate the text of a proposed rule.
EPA established a Negotiated Rulemaking Committee under the Federal Advisory Committee Act (FACA) and the Negotiated Rulemaking Act (NRA) for the purpose of conducting discussions and reaching consensus, if possible, on proposed regulatory language setting the standards and practices for conducting all appropriate inquiries as required by the Brownfields Law.
The first meeting of the Negotiated Rulemaking Committee was held on April 29 and 30, 2003 in Washington, D.C. All additional meetings of the committee were announced in the Federal Register and were open to the public.
www.epa.gov /swerosps/bf/regneg.htm   (1288 words)

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