Federal Register System: The Federal Register Act of 1935

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  • Topic: Rulemaking, Administrative Procedure Act, Administrative law
  • Pages : 3 (891 words )
  • Download(s) : 116
  • Published : March 18, 2012
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The Federal Register Act of 1935 created the current Federal Register system of publication. The Federal Register is the official journal of the federal government of the government of the United States that contain the most routine publication and public notices of government agencies. The Federal Register is a way for the government to let the people know what’s happening, and it also serves as an official journal of record for the approved acts of the U.S. Government. The notice and comment process outlined in the Federal Register gives the people a chance to participate in agency rulemaking. Prior to the Federal Register Act of 1935, there was no systematic method for developing, publishing and enforcing regulations. The U.S. Executive branch agencies and the Office of the President would each publish their own regulations in various separate publications, such as gazettes, bulletins, rulings, digest, pamphlets, notices, certificates, or orders. In the 1930’s, it became extremely difficult for the public to determine where a U.S. regulation could be found, when it was issued and whether it had been altered or revoked. The System was further enlarged and amended by the Administrative Procedure Act of 1946.

In 1932 the Supreme Court ruled that it was constitutional for Congress to assign the adjudication of so-called “public rights” cases to administrative agencies. This ruling confirmed the use of administrative adjudication. Early in 1939, President Roosevelt requested the formation of the Attorney General’s Committee on Administrative Procedure to study existing administrative procedures and to formulate recommendations. The study showed that the procedures used by agencies to decide cases and to make rules lacked basic uniformity. The study also showed that some agency hearing officers were not sufficiently independent of the investigators or prosecutors. The committee designed a compromise that would create trial-type procedures, establish...
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