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29 Cards in this Set
- Front
- Back
Regulatory administration provides a good example of the convergence of |
management, politics, and law in public administration. |
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Regulation originated to deal with |
the growing economic, technological, and social complexity of life. |
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Regulatory administration is more than a century old in the United States, but some believe |
there is too much regulation and they have called for “deregulation.” |
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Since we are all dependent upon people we do not know, we often call upon government to regulate their behavior. Such regulation is intended to |
make economic and social behavior reliable and predictable. |
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Regulation has also been supported by |
industries seeking economic benefits, especially in keeping new entrants out of the market. |
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It is possible for industries to |
“capture” regulatory commissions. |
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Regulatory administration can be categorized by the following objectives |
surrogate markets, market functioning, environment, employment, and product and process safety. |
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The politics of regulation involve four main sets of actors |
political parties, interest groups, clientele groups, and political entrepreneurs. |
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Each type of regulatory politics tends to |
be associated with a different type of regulatory objective. |
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Regulation is also a social phenomenon that |
reflects an increasing reluctance to take personal responsibility for ourselves and to tolerate risk. |
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The federal regulatory commission is |
a special form of administrative agency. |
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The federal regulatory commission is typically headed by |
a number of commissioners from different political parties who hold fixed and staggered terms of office. This arrangement allows the commission to insulate itself from electoral politics. |
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Regulatory agencies rely on |
rule making and adjudication in carrying out their missions. |
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Inspectors have |
an important and complex role in regulatory administration. |
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The effective inspector seeks to |
promote substantial and voluntary compliance with agency regulations. |
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The main problems associated with regulatory administration are |
(1) expense, (2) dampening of economic performance, (3) red tape and delay, (4) incompetence and impropriety of some regulatory officials, (5) overinclusiveness of regulation, and (6) determining the success of regulatory activities. |
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Regulatory reforms during the 1970s and 1980s focused on |
containing the costs of regulation and on coordinating regulatory policy. |
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The Reagan reforms placed the |
OMB at the center of much regulatory rule-making. |
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The Clinton administration developed |
12 principles with regard to reformers thinking about regulatory agency action specifically, but these can be applied to administrative activity in general. |
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The managerial approach to regulation seeks to |
be economical, efficient, and to avoid crises associated with regulatory failure. ////// this is achieved through strict adherence to regulatory rules. |
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NPM regulatory enforcement stresses |
the substitution of discretion for rules. |
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NPM regulatory enforcement is a |
results-oriented approach; compliance with rules is considered to be of lesser importance. |
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The NPM approach also advocates the |
formation of partnerships between the regulators and the regulated. |
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The political approach stresses |
representation and accountability in regulatory administration. |
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In regards to the political approach |
Three key values have emerged in response to interest group scrutiny of regulatory activities and the movement toward regulatory reform |
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Three key values in regards to the political approach and why/how they came about |
(1) greater attention has been paid to constituencies affected by regulatory programs, (2) greater emphasis has been given to forward-looking assessments of regulatory impacts. The requirement of “environmental impact statements” under the National Environmental Policy Act of 1969 is a prime example of just such a forward-looking assessment. (3) At the federal level, agency rules are subject to substantive congressional review. ////// emerged in response to interest group scrutiny of regulatory activities and the movement toward regulatory reform |
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The legal approach |
relies heavily on adjudication in regulatory administration. |
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The Legal approach emphasizes |
adversary relationships, the legal obligations and rights of the parties, procedural fairness, and reasonableness in terms of the content of regulatory administrative decisions. |
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Analysis of the approaches to regulatory administration suggests the following synthesis |
where there is a broad public interest involved, as in environmental regulation, the political approach will tend to dominate because it promotes representativeness; //// where the rights of private parties are the chief concern, the legal approach will dominate; //// when protection against disaster is the main objective, the managerial approaches will tend to be dominant. |