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12 Cards in this Set
- Front
- Back
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What are the three different kinds of rules? |
Interpretive, Managerial, Legislative (Substantive) Rulemaking |
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What is an interpretive rule? |
Agencies declare their interpretation of their authority to proceed under the enabling legislation. |
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What is a managerial rule? |
A rule for internal procedures |
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How do we know when a rule is legislative / substantive in nature? |
It is substantive when it directly affects individuals' rights and obligations |
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What are the two kinds of Ohio rules? |
O.R.C. 119 and O.R.C. 111 |
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What does a O.R.C. 119 rule do? |
Used for substantive rulemaking |
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What are O.R.C. 111 used for? |
Internal procedures |
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What is hybrid rulemaking? |
Rulemaking procedures with additional steps beyond the basic steps in substantive (informal) rulemaking. |
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What are the steps in Ohio 119 rulemaking procedure? |
1) Notice, 2) Filing, 3) Public hearing, 4) JCARR review, and 5) Publication |
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What is the federal informal (substantive) rulemaking procedure? |
1) Notice, 2) Opportunity to participate through submission of written data or arguments with or without opportunity for oral participation, 3) Publication no less than 30 days before rule becomes effective |
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When do we know that formal rulemaking is required? |
When the enabling statute requires that a decision be made "on the record after opportunity for agency hearing." |
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What is the federal formal rulemaking procedure? |
A more trial-type procedure using all the steps in informal rulemaking PLUS providing interested parties with an opportunity to testify and cross-examine adverse witnesses before issuing a rule |
