Week 7 Assignment: Agency Rulemaking
Read Chapter 6 notes in the PowerPoint and answer the following questions:
- If a federal agency wishes to publish a notice of proposed rulemaking, should it publish the notice in the Federal Register or the Code of Federal Regulations? Student answer is Federal Register
- Briefly state the three requirements for informal rulemaking under the APA.
State whether each of the following questions (6 – 9) would be exempted from the rulemaking procedure requirements of the APA.
- The Environmental Protection Agency intends to establish the maximum amount of gasoline that may escape from underground gasoline storage containers.
- The Department of State intends to establish rules concerning passport qualifications.
- The Interstate Commerce Commission intends to establish rules governing the safe transportation of toxic waste between states.
- The Interstate Commerce Commission intends to establish rules governing the suspension, termination and promotion of the officers responsible for overseeing the transportation of toxic waste between states.
Rulemaking generally
- Quasi-judicial authority is called adjudicatory power
- Quasi-legislative authority is called rulemaking
▪Rulemaking is the agency establishment of law to implement or perform a statutory duty
- Real ID Act example