Papa 500

Front 1

Regulatory administration provides a good example of the convergence of

Back 1

management, politics, and law in public administration.

Front 2

Regulation originated to deal with

Back 2

the growing economic, technological, and social complexity of life.

Front 3

Regulatory administration is more than a century old in the United States, but some believe

Back 3

there is too much regulation and they have called for “deregulation.”

Front 4

Since we are all dependent upon people we do not know, we often call upon government to regulate their behavior. Such regulation is intended to

Back 4

make economic and social behavior reliable and predictable.

Front 5

Regulation has also been supported by

Back 5

industries seeking economic benefits, especially in keeping new entrants out of the market.

Front 6

It is possible for industries to

Back 6

“capture” regulatory commissions.

Front 7

Regulatory administration can be categorized by the following objectives

Back 7

surrogate markets, market functioning, environment, employment, and product and process safety.

Front 8

The politics of regulation involve four main sets of actors

Back 8

political parties, interest groups, clientele groups, and political entrepreneurs.

Front 9

Each type of regulatory politics tends to

Back 9

be associated with a different type of regulatory objective.

Front 10

Regulation is also a social phenomenon that

Back 10

reflects an increasing reluctance to take personal responsibility for ourselves and to tolerate risk.

Front 11

The federal regulatory commission is

Back 11

a special form of administrative agency.

Front 12

The federal regulatory commission is typically headed by

Back 12

a number of commissioners from different political parties who hold fixed and staggered terms of office. This arrangement allows the commission to insulate itself from electoral politics.

Front 13

Regulatory agencies rely on

Back 13

rule making and adjudication in carrying out their missions.

Front 14

Inspectors have

Back 14

an important and complex role in regulatory administration.

Front 15

The effective inspector seeks to

Back 15

promote substantial and voluntary compliance with agency regulations.

Front 16

The main problems associated with regulatory administration are

Back 16

(1) expense, (2) dampening of economic performance, (3) red tape and delay, (4) incompetence and impropriety of some regulatory officials, (5) overinclusiveness of regulation, and (6) determining the success of regulatory activities.

Front 17

Regulatory reforms during the 1970s and 1980s focused on

Back 17

containing the costs of regulation and on coordinating regulatory policy.

Front 18

The Reagan reforms placed the

Back 18

OMB at the center of much regulatory rule-making.

Front 19

The Clinton administration developed

Back 19

12 principles with regard to reformers thinking about regulatory agency action specifically, but these can be applied to administrative activity in general.

Front 20

The managerial approach to regulation seeks to

Back 20

be economical, efficient, and to avoid crises associated with regulatory failure. ////// this is achieved through strict adherence to regulatory rules.

Front 21

NPM regulatory enforcement stresses

Back 21

the substitution of discretion for rules.

Front 22

NPM regulatory enforcement is a

Back 22

results-oriented approach; compliance with rules is considered to be of lesser importance.

Front 23

The NPM approach also advocates the

Back 23

formation of partnerships between the regulators and the regulated.

Front 24

The political approach stresses

Back 24

representation and accountability in regulatory administration.

Front 25

In regards to the political approach

Back 25

Three key values have emerged in response to interest group scrutiny of regulatory activities and the movement toward regulatory reform

Front 26

Three key values in regards to the political approach and why/how they came about

Back 26

(1) greater attention has been paid to constituencies affected by regulatory programs, (2) greater emphasis has been given to forward-looking assessments of regulatory impacts. The requirement of “environmental impact statements” under the National Environmental Policy Act of 1969 is a prime example of just such a forward-looking assessment. (3) At the federal level, agency rules are subject to substantive congressional review. ////// emerged in response to interest group scrutiny of regulatory activities and the movement toward regulatory reform

Front 27

The legal approach

Back 27

relies heavily on adjudication in regulatory administration.

Front 28

The Legal approach emphasizes

Back 28

adversary relationships, the legal obligations and rights of the parties, procedural fairness, and reasonableness in terms of the content of regulatory administrative decisions.

Front 29

Analysis of the approaches to regulatory administration suggests the following synthesis

Back 29

where there is a broad public interest involved, as in environmental regulation, the political approach will tend to dominate because it promotes representativeness; //// where the rights of private parties are the chief concern, the legal approach will dominate; //// when protection against disaster is the main objective, the managerial approaches will tend to be dominant.