NCJ Number
52334
Date Published
1978
Length
36 pages
Annotation
EACH STEP OF THE RULEMAKING PROCEDURE IS EXAMINED AND BASIC ADMINISTRATIVE AND CONSTITUTIONAL LAW APPLICABLE AT EACH POINT IS REVIEWED. THE MANUAL IS WRITTEN IN NONTECHNICAL LANGUAGE FOR OCCUPATIONAL LICENSING BOARDS.
Abstract
BOTH COURTS AND LEGISLATURES ARE PAYING INCREASED ATTENTION TO THE ACTIVITIES OF ADMINISTRATIVE AGENCIES TO INSURE THAT THEIR ACTIVITIES CONFORM WITH CONSTITUTIONAL REQUIREMENTS. TO HELP LICENSING BOARDS MEET THESE REQUIREMENTS, THIS MANUAL SUMMARIZES THE PRINCIPLES COVERING EACH STEP OF THE RULEMAKING PROCESS. IT SURVEYS THE LEGAL BASIS FOR RULEMAKING AUTHORITY, ITS SCOPE AND LIMITATIONS. IT THEN DEFINES RULES, CONSIDERS DRAFTING REQUIREMENTS, AND COVERS PROCEDURES WHICH WOULD BE FOLLOWED WHEN INITIATING A RULE CHANGE. DUE PROCESS FOR ALL INTERESTED PARTIES IS EMPHASIZED. THE PROCEDURES FOR GIVING NOTICE, HOLDING PUBLIC HEARINGS, FOLLOWING RULES OF EVIDENCE AND EXAMINING WITNESSES AT PUBLIC HEARINGS, AND RECEIVING WRITTEN COMMENTS ARE COVERED. EMERGENCY RULES ARE DISCUSSED, AND THEN ADOPTION AND FILING PROCEDURES ARE EXAMINED. THESE INCLUDE MAINTENANCE OF RECORDS AND PUBLICATION REQUIREMENTS. DECLARATORY RULINGS AND OPINIONS ARE DISCUSSED, AS ARE PROCEDURES FOR LEGISLATIVE AND JUDICIAL REVIEW. THE BACK COVER LISTS SIMILAR MANUALS PUBLISHED IN EACH OF 14 STATES. (GLR)