Administrative Law
Chapter 5 -
Part 1
CHAPTER CAPSULE
The Chapter Overview explains that rules and regulations are the detailed methods that agencies employ to implement the laws passed by legislatures.
A. Definition and Purpose of Agency Rules and Regulations offers a basic
description of the subject.
B. Requirements of Rulemaking introduces students to the Federal Register,
proposed rules, final rules, state/federal administrative procedure acts, and the four major types of rules – substantive, procedural, interpretive, and hybrid.
C. Rulemaking Procedures explains the differences between informal
rulemaking, with procedures such as participants’ comments and no hearings, to formal rulemaking, with procedures of trial-type hearings, cross-examination and evidence.
The Chapter Summary concludes that much of rulemaking is informal as agencies carry out the intent of the statutes.
The Advanced Studies allocates the first three documents to contested rulemaking.
Suggestion: HAVE students examine the actual comments of people who contested both the informal and formal procedures of the rules in Documents 1, 2, and 3.
The impact of rules in all citizens’ lives is compiled in Document 4. Document 5 discusses a challenge to interpretive rules.
FEDERAL REGISTER
Notice (page 160)
Redesignates a part of Kentucky as an area that has attained the standards.
AGENCY: EPA
REASON: Area re-evaluated and redesignated
ACTION: Notice
Notice summarized:
a) EPA is notifying the public of the change in designation of the bi-state Louisville area
b) fulfilling requirement to publish a notice of receipt of redesignation
Comments:
Accepted before February 10, 2017
Identify by docket number
Further Information: Contact Info
rmation is not provided in textbook version of notice, but is available by looking up original notice.
Final Rule (page 161)
Federal Register
AGENCY: Centers for Medicaid and Medicare Services, HHS
CODE OF FEDERAL REGULATIONS: 42 CFR 405 and others.
DOCUMENT CITATION: 82 FR 52976
ACTION: Final rule
Summary: Establishes major changes to payments made to doctors by Medicare and other payment changes.
REASONS: Inform public of changes in the payment schedule.
RESULT: Changes are made in payment schedule and procedures to reflect changes in medical practice and value of services.
Effective Date: January 1, 2018