Week 5

BADM 537- Legal, Ethical, and Social Environment.

Reflection- Initial Post

Raeesa Potnis
University of the Cumberlands
2/2/2021
 This week we reviewed the chapter on administrative law in the text. “Administrative law

is the body of law created by the agencies and departments of the government, which carry out

the laws passed by Congress or a state legislature.” [ CITATION Fin16 \l 1033 ] Administrative

agencies and government departments fill in gaps for Congress and pass additional rules and

regulations to achieve Congress's goals after a complex law is passed by the congress. These

laws govern, administer and regulate government benefits such as social security or more

recently the COVID 19 pandemic relief. In addition to regulating government benefits like Social

Security, administrative agencies also implement federal and state laws affecting almost every

industry. For example, OSHA, EPA etc. are different administrations that regulate and pass

certain set of specific laws applicable to specific areas of focus [ CITATION Jen18 \l 1033 ].

Response 1:

During the formation of any guidelines or laws, it is important for The Federal Aviation

Administration (FAA) to listen and review the opinion of every member or experienced aviation

experts so that it can form a law or guideline that addresses the different types of security

concerns or other aspects that may be related to the safety and security of the passengers. As in

the given case, an objection was presented by the most experienced aviation experts thus FAA

must not pass the law under consideration. It should in fact take care and review the objection or

concern presented by the most experienced aviation experts and once all the objections and

concerns are satisfied, only then must the law be formulated.

Response 2:

Rulemaking is the process that executive and independent agencies use to create, or

promulgate, regulations. There are three stages of the formal rule making process under
administrative law- 1. Before Notice and Comment 2. Notice and Comment Process 3. After

Notice and Comment.

Stage 1: Before Notice and Comment

This stage involves statutory authorization which begins with the necessity to make a rule

and a statute giving an agency the power to make it. Once this is done the agency may decide to

make a rule starting with choosing from many possible problems or goals that deserve attention.

The next step is to prepare the proposed rule. Agencies use different systems for drafting

proposed rules, but all involve collecting information and talking informally with groups

interested in the issues. They may also ask for public opinion upon publishing. Then this

proposed rule must pass review and be deemed economically significant. [ CITATION Jen18 \l

1033 ]

Stage 2: Notice and Comment Process

This process begins when an agency publishes the proposed rule in the Federal Register.

This constitutes giving the public notice which will identify the proposed rule, describes the

issue at hand and the solution that is devised. The notice will have all relevant data. The public

can then have the opportunity to comment where anyone may submit a comment on any part of

the rule. The agency may also hold public hearings at which people can give their views in

person. After the comment period has closed, the agency may give another period of time for

people to submit reply comments. Some rules such as interpretive rules can be made final

without the comment process. [ CITATION Jen18 \l 1033 ]

Stage 3: Post Notice and Comments

 Once all comments are in, they are reviewed by the agency. As per the comments, the

proposed rule may be changed or amended. Depending on review, the agency may choose to

stop the rule, change it or publish as is. It must publish the final rule in the Federal Register,

along with a statement of basis and purpose. Most new final rules must be sent to Congress for

review. There may also be possible judicial review if any persons decide to take to the court. The

final steps are to interpret, enforce and reassess the rule over time. [ CITATION Jen18 \l 1033 ]

References

Jennings, M. M. (2018). Business: Its Legal, Ethical, and Global Environment. Boston, MA: Cengage.