I'll settle this

Zurt

Zurt

Banned
Federal regulations are the actual enforceable laws authorized by major legislation enacted by Congress.

Regulatory Federal Agencies like the FDA, EPA, OSHA and at least 50 others, are called "regulatory" agencies, because they are empowered to create and enforce regulations that carry the full force of a law.

Individuals, businesses, and private and public organizations can be fined, sanctioned, forced to close, and even jailed for violating federal regulations.

The oldest Federal regulatory agency still in existence is the Office of the Comptroller of the Currency, established in 1863 to charter and regulate national banks.

The process of creating and enacting federal regulations is generally referred to as the “rulemaking” process.

Congress passes a law designed to address a social or economic need or problem.

The appropriate regulatory agency then creates the regulations necessary to implement the law.

For example, the Food and Drug Administration creates regulations under the authority of the Food Drug and Cosmetics Act, the Controlled Substances Act and several other acts created by Congress. Acts such as these are known as "enabling legislation," because they literally enable the regulatory agencies to create the regulations required to administer enforce them.

Regulatory agencies create regulations according to rules and processes defined by another law known as the Administration Procedure Act (APA).

The APA defines a "rule" or "regulation" as...

”whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or describing the organization, procedure, or practice requirements of an agency.

The APA defines “rulemaking” as…

“action which regulates the future conduct of either groups of persons or a single person; it is essentially legislative in nature, not only because it operates in the future but because it is primarily concerned with policy considerations.”

Under the APA, agencies must publish all proposed new regulations in the Federal Register at least 30 days before they take effect, and they must provide a way for interested parties to comment, offer amendments, or to object to the regulation.

Some regulations require only publication and an opportunity for comments to become effective. Others require publication and one or more formal public hearings.

The enabling legislation states which process is to be used in creating the regulations. Regulations requiring hearings can take several months to become final.

New regulations or amendments to existing regulations are known as "proposed rules."

Notices of public hearings or requests for comments on proposed rules are published in the Federal Register, on the websites of regulatory agencies and in other publications. The notices will include information on how to submit comments or participate in public hearings on the proposed rule.

Once a regulation takes effect, it becomes a "final rule" and is printed in the Federal Register, the Code of Federal Regulations (CFR) and usually posted on the Web site of the regulatory agency.

While they call the process "rulemaking," regulatory agencies create and enforce "rules" with the potential to profoundly affect America.

Federal regulations created by regulatory agencies are subject to review by both the president and Congress under Executive Order 12866, issued on Sept. 30, 1993, by President Clinton. 12866 stipulates steps that must be followed by executive branch agencies before regulations issued by them are allowed to take effect.

For all regulations, a detailed cost-benefit analysis must be performed. Regulations with an estimated cost of $100 million or more are designated "major rules," and require completion of a more detailed Regulatory Impact Analysis (RIA). The RIA must justify the cost of the new regulation and must be approved by the Office of Management and Budget (OMB) before the regulation can take effect.

12866 also requires all regulatory agencies to prepare and submit to OMB annual plans to establish regulatory priorities and improve coordination of the Administration's regulatory programs.

While some requirements of 12866 apply only to executive branch agencies, all federal regulatory agencies fall under the controls of the Congressional Review Act.

The Congressional Review Act (CRA) allows Congress 60 in-session days to review and possibly reject new federal regulations issued by the regulatory agencies.

Under the CRA, the regulatory agencies are required to submit all new rules the leaders of both the House and Senate.

In addition, the General Accounting Office (GAO) provides to those congressional committees related to the new regulation, a detailed report on each new major rule.
 
The Administrative Procedure Act (APA) is the law under which some 55 U.S. government federal regulatory agencies like the FDA and EPA create the rules and regulations necessary to implement and enforce major legislative acts such as the Food Drug and Cosmetic Act, Clean Air Act or Occupational Health and Safety Act.

§559. Effect on other laws; effect of subsequent statute.

This subchapter, chapter 7, and sections 1305, 3105, 3344, 4301(2)(E), 5372, and 7521 of this title, and the provisions of section 5335(a)(B) of this title that relate to administrative law judges, do not limit or repeal additional requirements imposed by statute or otherwise recognized by law. Except as otherwise required by law, requirements or privileges relating to evidence or procedure apply equally to agencies and persons. Each agency is granted the authority necessary to comply with the requirements of this subchapter through the issuance of rules or otherwise. Subsequent statute may not be held to supersede or modify this subchapter, chapter 7, sections 1305, 3105, 3344, 4301(2)(E), 5372, or 7521 of this title, or the provisions of section 5335(a)(B) of this title that relate to administrative law judges, except to the extent that it does so expressly.
 
The Code of Federal Regulations (CFR) is the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal Government.

It is divided into 50 titles that represent broad areas subject to Federal regulation. Each volume of the CFR is updated once each calendar year and is issued on a quarterly basis.

Each title is divided into chapters, which usually bear the name of the issuing agency. Each chapter is further subdivided into parts that cover specific regulatory areas. Large parts may be subdivided into subparts. All parts are organized in sections, and most citations in the CFR are provided at the section level.
 
ADMINISTRATIVE LAW is the body of law governing administrative agencies, that is, agencies created by Congress or state legislatures, such as the Social Security Administration, state Unemployment Insurance Boards, state Welfare Commissions and the Occupational Safety and Health Administration.

The authority these agencies possess is delegated to them by the bodies which created them; the Social Security Administration's power comes from Congress.

Administrative agencies administer law through the creation and enforcement of regulations; most of these regulations pertain to providing some type of benefit to applicants.

Frequently, an applicant objects to an agency's decision to deny, limit or terminate the benefits provided and seeks to have the decision reviewed. This review is called an administrative hearing and is held before an administrative law judge (A.L.J.).

Administrative hearings are informal, yet very important. Usually, the A.L.J. meets with representatives from the agency and the applicant seeking benefits.

The applicant may choose to be or not be represented by an attorney and in fact, many administrative agencies permit paralegals, law students or law clerks to appear on behalf of applicants.

Each side presents its evidence and elicits testimony from its witnesses. The hearing is often tape recorded, as opposed to taken down by a court reporter. The A.L.J. renders a decision called an administrative order, which may be reviewed by either a higher level within the agency or by a court.
 
U.S. federal agencies have the power to adjudicate, legislate, and enforce laws within their specific areas of delegated power.

Agencies "legislate" through rulemaking - the power to promulgate (or issue) regulations administrative law is codified as the Code of Federal Regulations.
 
An administrative court is a court specializing in administrative law, particularly disputes concerning the exercise of public power.

Their role is to ascertain that official acts are consistent with the law. Such courts are found in some European countries with civil law and are considered separate from general courts.

The administrative acts are recognized from the hallmark that they become binding without the consent of the other involved parties.

The contracts between authorities and private persons fall usually to the jurisdiction of the general court system.

Official decisions contested in administrative courts include:

taxation
dispensation of monetary benefits
environmental licenses
building inspection
child custody
involuntary commitment
immigration decisions
summary public payments (other than fines imposed by general courts)
 
In the United States, administrative courts are tribunals within administrative agencies, and are distinct from judicial courts. Decisions of administrative courts can always be appealed to a judicial court.
 
Tribunal in the general sense is any person or institution with the authority to judge, adjudicate on, or determine claims or disputes, whether or not it is called a tribunal in its title.
 
States may have their own administrative law; for example, a state constitution may allow the legislature to delegate rulemaking authority to an executive or independent agency, and state governments may provide an administrative appeal process for people who are dissatisfied with decisions made by certain state agencies.

California has an extensive body of administrative law including a hearing agency that requires its administrative law judges to be lawyers.

California statutory law governing the hearing agency states that non-lawyers may appear before it.

However, California case law holds that former attorneys who no longer practice law may not appear before it. Most California agencies adjudicate license cases utilizing the California Attorney General's legal staff.

However, others (including the Department of Corporations and Insurance) utilize their own legal staff.
 
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