Week 7 Assignment: Agency Rulemaking

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Week 7 Assignment: Agency Rulemaking

Read Chapter 6 notes in the PowerPoint and answer the following questions:

  1. 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
  2. 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.

  1. The Environmental Protection Agency intends to establish the maximum amount of gasoline that may escape from underground gasoline storage containers.
  2. The Department of State intends to establish rules concerning passport qualifications.
  3. The Interstate Commerce Commission intends to establish rules governing the safe transportation of toxic waste between states.
  4. 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

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