Agency Rule Making

Assesses the role that agency rule making plays in regulating a society through administrative agencies is the interesting part of the governmental system. Under the Constitution, the law branch has the right to supervise and execute all laws. According to Article 1, Section 8, all the law powers are issued under Congress. With this right, Congress has given administrative agencies the power to build the rules for implementing laws, known as the delegation doctrine. Administrative agencies, which make up the bureaucracy, are now given the right to build the laws. The administrative agencies have three formal functions that make up the administrative process: rule making, investigation and adjudication. This system is used by …show more content…
The agency has the power from the legislative branch to officially adopt new policies or change old ones. Under the Administrative Procedure Act, the agency must tell and take any more comments from the public when a change is made in any new or old regulations. Not only does administrative agencies make or amend legislative regulations, but they also create interpretive rules. Unlike legislative rule making, interpretive rules are not legally required to be upheld by the public, but are more created to show how an agency plans to carry out their authority. When an agency decides to create a new rule, they must first issue a notice in the Federal Register, an authorized daily publication for rules, projected rules, and remarks of Federal agencies. In this notice, it must define the place and time in which the event will be held and why the agency is making or changing a specific rule. After the notice is published in the Register, the agency must allow enough time for the public to make comments, whether it be written or stated orally at the preceding, on the projected rule. The agency does not have to respond to every comment given by the public, but it must respond to a reasonable amount. The agency should be able to change or amend the proposed rule if necessary or explain the reasoning behind the proposed rule. Once the comments have been accounted for, the agency must …show more content…
Agencies will do investigations on many different types of companies, mostly during the rule making process. Finding as much information possible about a particular person, corporation or industry during the rule making procedure helps avoid issuing a rule that is illogical and unreliable. When a rule is published in the Code of Federal Regulations, agencies will also do investigations to make sure the law is being used correctly. Such an investigation might occur when a person has reported an infringement to the rule. An agency investigation can be implemented under many circumstances. Inspecting an office or factory setting might occur when sign of a violation. These types of investigations are usually done through on-site inspections or used in place of an official examination. Most of the time, companies abide by the agency’s investigation because the company wants to keep a respectable relationship with the governmental association. When a company does not comply with an investigation, the administrative agency might opt to the use of a search warrant or subpoena. There are two basic types of subpoenas: to testify and bring it to you. The normal subpoena, is an injunction forcing a witness to attend an agency hearing. A subpoena requires a company to give documents and records to the agency. Either type of subpoenas is used, but there are limits to what the agency can