Issues Surrounding Rule Making

OVERVIEW

This article is aimed at offering an overview and evaluation of research on the administrative and political issues surrounding rulemaking. It tries to ascertain the essential issues that define the analysis of rulemaking. Most agencies through their rulemaking authorities formulate regulations that govern them. Their fundamental function is to confine bureaucratic discretion in individual cases. Sometimes the Congress mandate them to make such laws in the development and application of policies. During the 1950s and 1960s, administrative law students were interested in rulemaking. Rulemaking is preferred for its transparency, accountability and allowing lager participation by stakeholders. However, some scholars argue that in some

Organized groups will often submit comments on issues that affect them and agencies change proposed rules in ways that are consistent with some of those comments. Most proposed rules are specific. It was found that the rules come from diverse sources. Golden (2003) found that Congress influences the rulemaking agenda more than other actors. Outside participation is extremely valued in the formulation of policies. Outside participants are mainly those who are going to be affected largely by the policy/rule. Policy-making structures may differ from one agency to the other depending on the complexity of the environment the agency is working on. Rulemaking is the area of interest for administrative law, government and public affairs

The executive implements policies after being formulated by the legislature. The legislature enacts laws that translate into rules that must be supported by budgets. In the federal system of America, the decision making-processes do not rest in one level of government. Legislators’ most attention focuses on projects directed to their districts such as money for schools, dams, and roads. One of the duties of legislators is the oversight of government programs. Oversight serves numerous significant purposes. According to Kettl (2015) such purposes include the investigation of instances of abuse, fraud and waste. These three instances are frequently targeted by legislators. Another favorite instance is personal advocacy, which legislators advance programs of their interest and magnetize publicity. Legislative oversight happens through diverse channels. Congress relies on its committees to monitor government agencies and the way they implement their programs. Furthermore, there are varieties of committee reviews used by Congress such as authorizing committees, committees on government operations, and appropriations committees. Appropriations committees comprise people of highly impressive credentials for control of the administration (Kettl, 2015). In addition, there are still other committees like The Senate Committee on Homeland