Question Description

The Administrative Procedure Act (APA) mandates that administrative agencies follow an open public process when they issue regulations. The process lends itself to a proposal stage, a stage for public comments, a final rule, and a judicial review. Despite the process for rulemaking as promulgated by the act, things don’t always go as planned. When thinking about the execution of agency rules, can public policy be influenced by the process?

Provide a description of an administrative agency rule that was created based on a policy related to an environmental issue, an immigration issue, or a human trafficking issue. Explain how the agency executed, or might execute, the rule using the Administrative Procedure Act.

Note: Include an in-text Bluebook citation, if referencing cases, as well as a citation in the reference list.

Support your response using the Learning Resources and other scholarly resources. View the list of the types of resources below.

Readings

  • Kerwin, C. M., & Furlong, S. R. (2010). Rulemaking: How government agencies write law and make policy (4th ed.). Washington, DC: CQ Press.
    • Chapter 1, “The Substance of Rules and the Reasons for Rulemaking”
    • Chapter 2, “The Process of Rulemaking”
    • Chapter 7, “Rulemaking: Theories and Reform Proposals”
  • Harvard Law Review Association, et al. (Eds.). (2015). The Bluebook: A uniform system of citation(20th ed.). Cambridge, MA: Author.
    • Rule 14
  • Tausanovitch, C., & Warshaw, C. (2013). Measuring constituent policy preferences in Congress, state legislatures, and cities. Journal of Politics, 75(2), 330–342. doi:10.1017/S0022381613000042
  • Terman, J. (2014). A state-level examination of bureaucratic policymaking: The internal organization of attention. The American Review of Public Administration, 45(6), 708–727. doi: 10.1177/0275074014529840
  • West, W. F., & Raso, C. (2013). Who shapes the rulemaking agenda? Implications for bureaucratic responsiveness and bureaucratic control. Journal of Public Administration Research and Theory, 23(3), 495–519. doi:10.1093/jopart/mus028

Websites

  • National Archives. (n.d.). The Federal Register tutorial. Retrieved June 27, 2016, from http://www.archives.gov/federal-register/tutorial/online-pdf.html
  • Office of the Federal Register. (n.d.). Retrieved June 27, 2016, from https://www.federalregister.gov/
  • U.S. Government Publishing Office. (n.d.). Retrieved June 27, 2016, from https://www.gpo.gov/fdsys/browse/collection.action?collectionCode=FR

The Administrative Procedure Act (APA) mandates that administrative agencies follow an open public process when they issue regulations. The process lends itself to a proposal stage, a stage for public comments, a final rule, and a judicial review. Despite the process for rulemaking as promulgated by the act, things don’t always go as planned. When thinking about the execution of agency rules, can public policy be influenced by the process?Provide a description of an administrative agency rule that was created based on a policy related to an environmental issue, an immigration issue, or a human trafficking issue. Explain how the agency executed, or might execute, the rule using the Administrative Procedure Act.Note: Include an in-text Bluebook citation, if referencing cases, as well as a citation in the reference list.Support your response using the Learning Resources and other scholarly resources. View the list of the types of resources below.ReadingsKerwin, C. M., & Furlong, S. R. (2010). Rulemaking: How government agencies write law and make policy (4th ed.). Washington, DC: CQ Press.Chapter 1, “The Substance of Rules and the Reasons for Rulemaking”Chapter 2, “The Process of Rulemaking”Chapter 7, “Rulemaking: Theories and Reform Proposals”Harvard Law Review Association, et al. (Eds.). (2015). The Bluebook: A uniform system of citation(20th ed.). Cambridge, MA: Author.Rule 14Tausanovitch, C., & Warshaw, C. (2013). Measuring constituent policy preferences in Congress, state legislatures, and cities. Journal of Politics, 75(2), 330–342. doi:10.1017/S0022381613000042Terman, J. (2014). A state-level examination of bureaucratic policymaking: The internal organization of attention. The American Review of Public Administration, 45(6), 708–727. doi: 10.1177/0275074014529840West, W. F., & Raso, C. (2013). Who shapes the rulemaking agenda? Implications for bureaucratic responsiveness and bureaucratic control. Journal of Public Administration Research and Theory, 23(3), 495–519. doi:10.1093/jopart/mus028WebsitesNational Archives. (n.d.). The Federal Register tutorial. Retrieved June 27, 2016, from http://www.archives.gov/federal-register/tutorial/online-pdf.htmlOffice of the Federal Register. (n.d.). Retrieved June 27, 2016, from https://www.federalregister.gov/U.S. Government Publishing Office. (n.d.). Retrieved June 27, 2016, from https://www.gpo.gov/fdsys/browse/collection.action?collectionCode=FR