Regulatory law is created by administrative agencies delegated authority by Congress and state legislatures. These agencies regulate and enforce laws, with their own courts and judges. The goal is to have industry experts create and implement rules. Examples include the Nuclear Regulatory Commission and the Environmental Protection Agency. The law has the same force as laws enacted by Congress or state legislatures. The Federal Register of Congress (CFR) contains most normative law, and administrative law courts adjudicate disputes.
Regulatory law is a part of administrative law and consists of the rules and regulations established by administrative agencies. In the United States, the authority of these agencies is delegated to them by Congress at the federal level and by the state legislatures of the various US jurisdictions at the state level. The two main functions of administrative agencies are regulation and law enforcement, also called “judgment”. Administrative agencies have their own courts and judges.
In 1789, Congress began using regulatory agencies and laws to administer customs, commerce, and the issuance of veterans’ benefits. As the government grew, the task of regulating industries and addressing society’s many concerns became too difficult for Congress alone to administer. It began delegating its authority to administrative agencies in certain areas. The theory was that experts within a given industry were best suited to devise and implement the rules that governed those industries. Administrative law today comprises a large number of administrative agencies, each of which governs a particular sector or area of public interest.
Administrative agencies have regulatory commissions that create regulatory law and enforce its compliance. They also set and enforce industry standards. Some examples of regulatory commissions that operate under congressional authority are the Nuclear Regulatory Commission, the Environmental Protection Agency, and the Department of Agriculture. Most federal government agencies have state-level counterparts. Most other countries also have some form of administrative agencies, regardless of the type of government.
The regulating law has the same force as laws enacted by Congress or a state legislature. Many private companies have their own staff whose job it is to ensure that companies comply with state and federal regulations. The US government seeks to ensure that the public knows about and has access to federal regulations. On January 18, 2011, President Barack Obama issued an executive order directing all federal government agencies with regulatory authority to make their compliance and enforcement procedures available and downloadable online.
Most of the normative law is not found in statutes. Instead, it is published in the Federal Register of Congress (CFR). The National Archives and Records Administration compiles the CFR. It can be found in law school and university libraries and some larger public libraries.
The government also makes CFR rules and regulations available online. The online version of the CFR is not considered official regulation but is updated daily. Each state has its own collection of state administrative rules and procedures.
Administrative law courts adjudicate disputes between regulatory agencies and businesses, organizations, and individuals. Hearings are conducted by an administrative law judge, who is usually employed by the regulatory body. Administrative law courts must act within the bounds of the Constitution and federal and state statutes.
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