Rulemaking
RULEMAKING: Chamber of Commerce of the United States v. U.S. Department of Labor
The Occupational Safetey and Health Administration (OSHA) is part of the U.S. Department of Labor. OSHA issued a "Directive" under which each employer in selected industries was to be inspected unless it adopted a "Comprehensive Compliance Program (CCP)"-a safety and health program designed to meet standards that in some respects exceeded those otherwise required by law. The Chamber of Commerce of the United States who represents the industry-objected to the Directive and filed a petition for review with the U.S. Court of Appeals for the District of Columbia Circuit. The Chamber claimed, in part that OSHA did not use proper rulemaking procedures in issuing the directive. OSHA argued that it was not required to follow those procedures because the Directive itself was a "rule of procedure." OSHA claimed that the rule did not "alter the rights or interests of parties, although it may alter the manner in which the parties present themselves or their viewpoints to the agency."
Answer the following three questions:
1. What are the steps of the most commonly used rulemaking procedure?
The first step in rulemaking is the initial proposed rule, which is when the agency publishes a notice of the proposed rule. The notice will state where and when the proceedings ill be held, the legal authority for making the rule, and the subject of the rule. The second step in rulemaking is the comment period. After the publication of the notice, an agency must allow sufficient time for people to comment in writing regarding the proposed rule. After the agency reviews the comments, then they generate the final rule and publish it in the Federal Register.
2. Which steps are missing in this case?
This case skipped the second step, which allows the people within the agency to comment on the proposed rule. And then based on those comments, the proposed rule could have been justified in order to satisfy
The Occupational Safetey and Health Administration (OSHA) is part of the U.S. Department of Labor. OSHA issued a "Directive" under which each employer in selected industries was to be inspected unless it adopted a "Comprehensive Compliance Program (CCP)"-a safety and health program designed to meet standards that in some respects exceeded those otherwise required by law. The Chamber of Commerce of the United States who represents the industry-objected to the Directive and filed a petition for review with the U.S. Court of Appeals for the District of Columbia Circuit. The Chamber claimed, in part that OSHA did not use proper rulemaking procedures in issuing the directive. OSHA argued that it was not required to follow those procedures because the Directive itself was a "rule of procedure." OSHA claimed that the rule did not "alter the rights or interests of parties, although it may alter the manner in which the parties present themselves or their viewpoints to the agency."
Answer the following three questions:
1. What are the steps of the most commonly used rulemaking procedure?
The first step in rulemaking is the initial proposed rule, which is when the agency publishes a notice of the proposed rule. The notice will state where and when the proceedings ill be held, the legal authority for making the rule, and the subject of the rule. The second step in rulemaking is the comment period. After the publication of the notice, an agency must allow sufficient time for people to comment in writing regarding the proposed rule. After the agency reviews the comments, then they generate the final rule and publish it in the Federal Register.
2. Which steps are missing in this case?
This case skipped the second step, which allows the people within the agency to comment on the proposed rule. And then based on those comments, the proposed rule could have been justified in order to satisfy