Analyze the Power of Administrative Rulemaking

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Books and Resources for this Week

Week 4

PUB-7002 V3: Administrative Law (6929289940)

Adjudication and Enforcement of Administrative Law

This week’s lesson explores evidentiary adjudication of the federal government’s

administrative regulations, which encompasses specific formal proceedings held before a

judicial authority—usually a judge or a special court-appointed arbitrator. At these

proceedings, the evidence is presented into the legal record, and a determination on the

legal standing, rights, and obligations of individuals, corporations, and other entities must

be made. This is largely based on the facts presented before the convening authority and

judicial precedent. This type of evidentiary adjudication is commonly used in a wide array

of administrative decision processes ranging from determining if an individual or a group

is eligible for a specific benefit or entitlement, or has been illegally or unfairly denied due

process in a variety of economic, health care, or labor relations practices. These hearings

often involve court appearances of concerned parties and in-person testimonies.

For the professional bureaucrats responsible for implementing a federal agency’s

regulatory responsibilities, adjudication requires a detailed, well-documented explanation

to the judicial authority of exactly what statutory laws and agency regulations are being

applied, how, when, why, and by whom. These bureaucrats must also be able to succinctly

explain and articulate how the particular rule(s) in question are being consistently, fairly,

and properly enforced. The result of these evidentiary hearings is a formal decision, which

is made and subsequently published by the judicial authority. Unlike traditional

democratic notions of protracted public debate and open consideration and dialogue

between elected representatives at a public forum, administrative evidentiary adjudication

is generally a much more concise, streamlined process.

Be sure to review this week's resources carefully. You are expected to apply the

information from these resources when you prepare your assignments.

80 % 4 of 5 topics complete

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Rosenbloom, D. H. (2015).

Administrative law for public managers.

Boulder, Colorado : Westview Press,

2015. Link

Ellig, J., & McLaughlin, P. A. (2012). The

quality and use of regulatory analysis in

2008. Risk Analysis: An Official

Publication Of The Society... Link

How do I write a white paper? Link

Kendrick, J. (2017). (Un)limiting

administrative review: Wind River,

Section 2401(A), and the right to

challenge federal agencies. Virginia Law

Review Link

Week 4 - Assignment: Analyze the Power of

Administrative Rulemaking Assignment

Due July 11 at 11:59 PM

After completing this week’s assigned reading materials, identify what you see as the

most daunting contemporary challenge federal agencies face today as they seek to create,

modify, and enforce far-reaching administrative regulations nation-wide.

A white paper is a document which provides a reader with background on a particular

topic to increase understanding, enable problem-solving, and foster decision-making. In

the policy-making process, a white paper is generally written in formal language, with

substantive text and ample data to provide an in-depth discussion of an issue. For this

6/17/2021 PUB-7002 V3: Administrative Law (6929289940) - PUB-7002 V3: Administrative Law (6929289940)

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exercise, you are a senior public administrator assigned to the Administrative Enforcement

Division of Federal Agency ‘X’ in Washington, DC. You have been tasked to prepare a

white paper for your agency’s director providing an analysis on your understanding of

how federal agency-level administrative action is considered law for federalism purposes,

yet not law within the constitutionally-enshrined separation of powers by the executive,

legislative, and judicial branches of government. Next, critically analyze what you see as

the inherent strengths and weaknesses of differences of administrative rulemaking as

compared to traditional statutory rulemaking, which is performed by the country’s elected

political representatives on Capitol Hill and within the Oval Office. Specify how public

officials can address any potential weaknesses you identify in this white paper.

Support your assignment with at least five scholarly resources. In addition to these

specified resources, other appropriate scholarly resources, including seminal articles, may

be included.

Length: 5-7 pages, not including title and reference pages

Your assignment should demonstrate thoughtful consideration of the ideas and concepts

presented in the course by providing new thoughts and insights relating directly to this

topic. Your response should reflect scholarly writing and current APA standards. Be sure

to adhere to Northcentral University's Academic Integrity Policy.

Upload your document and click the Submit to Dropbox button.