Rulemaking is a public process where government agencies establish regulations related to their mission. It allows for public participation and prevents agencies from passing regulations without consent. Agencies can operate more effectively by making regulations within their mandates, and the public can provide feedback without needing lawyers.
Rulemaking is a process that allows government agencies to establish regulations. Regulations developed during rulemaking relate to the mission of the agency and can do anything from providing a framework for enforcing legislation to setting policy. The process is public in nature, allowing everyone the opportunity to comment and participate. This is designed to prevent agencies from wielding too much power and passing regulations without the consent or will of the public. It also allows agencies to benefit from knowledge of different people and groups when developing rules.
While the legislature is responsible for setting up agencies and passing laws, the agencies themselves are given a broad mandate. The argument for this is that agencies provide specialized services and have unique expertise. Limiting an agency solely to enforcing laws passed by the legislature could leave gaps in the job that can’t be plugged until the legislature has time to formulate and pass legislation. By being able to make regulations within their mandates, government agencies can operate more effectively.
A classic situation where regulation might be used is a case where the legislature passes a law that gives an order to an agency, such as cleaning the air and water, but allows the agency to set the standards used to determine when the air and water are clean enough. The agency conducts extensive research and holds a public comment period before developing a policy setting standards. Legislation underpinning regulation provides the mechanism for policy enforcement. Government agency members may also be consulted when drafting legislation to incorporate their expertise into the law.
In the regulatory process, agencies begin by publicly announcing that they are developing new regulations, soliciting feedback and expertise. The agency conducts research to identify the problem addressed by the regulation, create definitions and draft a regulatory framework. Drafts are released to the public for comment, and after several rounds, a final rulebook is released and goes into effect.
Members of the public don’t need lawyers to comment during the regulatory process. Many government agencies provide information about proposed regulations on their websites, and advocacy organizations often warn their members of developing rules that may be relevant to their interests. In the United States, the “Regulations” website provides detailed information about proposed rules and offers forms that people can use to provide feedback. The site also allows members of the public to track other public comments.
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