Written Assignment: Rulemaking

Scenario: Imagine you work as “regulation analyst” for a state or local agency, an interest group, or a private corporation. Your general responsibility is to monitor for state and federal regulatory or policy changes that could affect your organization’s work or profits. One part of your job is to review the Federal Register and the Oregon State Bulletin and report on announcements of final rules, proposed rules, or other rule-making actions that may impact your organization. FOCUS ONLY ON RULEMAKING ACTIONS THAT ARE IN PROGRESS OR JUST CREATED BY THE ANNOUNCEMENT.

Basic Assignment:

Locate a new rule or rulemaking notice in the Federal Register or Oregon State Bulletin of considerable length. Write a single-spaced typed memo of no more than two pages to a fictitious executive reporting on your selected rule or notice. You must attach a copy of the rule and/or notice to the memo. You will earn no more than a “C” if the notice concerns actions other than rulemaking. USE ONLY RULES FROM 2014 or 2015.

Your memo must provide the following information clearly:

1) the identity of the organization and individual you work for (imaginary is fine);

2) the date of the Federal Register or Oregon State Bulletin where the notice is found;

3) the name of the agency taking the action;

4) the law under which the agency is acting;

5) key dates: last day for comments, the date the agency action will/may take effect (if applicable), any other significant future deadline or time element.

6) a concise summary of the notice;

7) an analysis of how the action could affect your organization;

8) a recommendation on how your organization should or must respond to the notice.

Grading Criteria:

1) Accuracy of summary and interpretation of the notice;

2) Whether all information required for action is included;

2) Thoughtfulness and usefulness of your interpretation and recommendation;

3) The quality of the writing – clarity, spelling, grammar, connection to reader.

Review at least a few different entries to the Federal Register or Oregon State Bulletin and choose notices which you can understand and interest you enough to motivate careful work.

This assignment is due at the start of class on May7.

Information on how to get to the proper websites is on the next page.

TO GET TO THE FEDERAL REGISTER: Go to http://www.regulations.gov .

Once there you can search for “rules” and know you are doing the right thing, or you can go by topic and be careful about finding a rulemaking action and not some other type of notice.

Look around this site until you learn to locate specific rulemaking actions that interest you.

TO GET TO THE OREGON STATE BULLETIN:

-Go to http://www.sos.state.or.us/

– Click on the “Oregon Administrative Rules (OARs)”

– Click on “Access the Oregon Bulletin”

– Click on “Current Bulletin” or “Past Bulletins”

-Click on “ Notices of Proposed Rulemaking Hearings/Notices ”

Notices in the Bulletin tend to be very brief. I recommend that you look through the Bulletin until you find a proposed rule with a lengthy notice. You may need to look at the OAR (Oregon Administrative Rules) or contact the agency to understand the meaning of the action.

To find the OAR law the rulemaking pertains to, look at the header of the announcement and find the Chapter number. Go back the “Archives” page, click on “Access to the OARS”, and look down the OAR numerical list to find the appropriate statutes.

DO NOT USE AN ESTABLISHED RULE FOR YOUR ASSIGNMENT. THIS ASSIGNMENT SHOULD FOCUS ON ADMINISTRATIVE ACTIONS THAT CAN STILL BE INFLUENCED OR ARE JUST GETTING IN PLACE.

Use notices whose “Summary” is at least 150 WORDS or attach relevant sections of the ORS that the agency proposes to amend.