Terms Flashcards

1
Q

Weber Model of Bureaucracy

A

Contains:
Hierarchy: each person has a superior
Rules and regulation: create/enforces rules efficiently
Specialization: the agency is manned by individuals who are experts in their field
Neutrality: Equally applies its rules to everyone

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2
Q

Acquisitive model

A

Agencies would prefer more responsibility, pay, and staffing, as opposed to cuts.

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3
Q

Monopolistic Model

A

No matter how well/poor an agency does, it will remain funded, nor be cut

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4
Q

A rule defined

A

The whole or part of an agency’s statement or application of general or particular effect designed to implement, interpret, or prescribe law.

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5
Q

Major types of rules

A

Legislative or substantial
• Affects public at large as well as businesses
Interpretive
• agency creates rule to address a loosely defined congressional mandate
Procedural
• rules that affect other agencies unless exempted

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6
Q

What and whom do rules affect

A

The public
• Rules that affect daily life
• speed limits, erg. Rule

Interactions with government
• How someone collects S.S., contracts with the government, gets approved by the government to sell products

Corporate/business procedures
• how corporations report their earnings, sell their stocks/bonds, hire and fire people

Agency actions
• How long their rules can be, how they are structured, how much they are paid

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7
Q

Administrative procedures act

A

Streamlined the rule-making process across agencies and mandated they update their status in the rule-making process into the federal register
Encouraged public participation under section 553

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8
Q

Types of information

A

Collected
• agency themselves gather the information needed to rulemake
• may use experts

Developed information
• information that needs studying and development
• not readily available

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9
Q

Types of participation

A
Oral/written 
Hearings - formal/informal 
Investigations
Conferences
Advisory committees
Other - direct bargaining
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10
Q

Stages of rule making

A
1. Origin of rule making activity 
•statute/ law passed 
2. Origin of individual rule making 
• agency begins looking at rule-making to address as the law 
3. Authorization to proceed 
• agencies seek approval since it’s resource intensive to rule make
4. Planning the rule making 
• division of Labour 
5. Develop draft rule 
•public comments on DR given 
6. Internal review of draft rule commences 
• vertical- top down review 
•horizontal - across the agency 
7. External review of draft rule 
8. Revision and publication of draft rule 
9. Public participation 
• public inputs again 
10. Action on draft rule 
• may re-work, scrap, implement 
11. Post rule making activities 
• published or not
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11
Q

Carters 5 principles for rule making

A
  1. Plain English rules
  2. Regulatory analysis of rules
  3. Sunset rules
  4. Increased public participation
  5. Oversight of rule making by agency heads
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12
Q

5 types of information in rulemaking

A
Legal information 
• outlines obligations to the rule 
Policy informations 
• presidents policy preference may shape what policy will be passed 
Technical information
• specific information about area regulated
Political info 
• priorities set by political heads 
Managerial info 
• data regarding agency’s operation
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13
Q

Interest group

A

Organized group of individuals who share objectives who actively aim to influence policy through all levels of government in all branches

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14
Q

Risk assessment

A
  1. Identify the risk
  2. Create a dosage/response curve
  3. Estimate human exposure
  4. Categorize the findings
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15
Q

Problems with addressing risk

A
  1. Tunnel vision
  2. Random agenda setting
  3. Inconsistency across agencies
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16
Q

Tuner v. Edwards

A

FDA issued shorter drug labels
Sued to have longer labels
Court held FDA complied with the act by providing enough info. On short label and referring to doctor

17
Q

Pharma. Med. Admin. vs. FDA

A

Sued over fear that Exceess labeling scares consumers

Court held FDA allowed to issue long labels because consumers could get the info regardless

18
Q

Tuchinsky vs CPSC

A

CPSC sued over regulating on a toy by toy basis
Sued for not having a guide for toy manufacturers

Court held allowed to regulate toy by toy and that CPSC shall have guidelines for toy manufacturers

19
Q

Forester vs CPSC

A

CPSC sued over giving design recommendations

Court held CPSC only allowed to review toys not issue design recommendations

20
Q

Aqua Slide n’ dive vs CPSC

A

CPSC sued over issuing an unsubstantiated warning sign on slides

Court held CPSC not allowed to issue rules without proper evidence

21
Q

Cohens 4 arguments against regulation

A

1) ineffective
2) regulations are intrusive
3) corrupts government
4) doesn’t work as intended

22
Q

Dr. Neiman 3 reason why regulation is an important policy issue

A
  1. Feat of great refutation leading to the curbing of personal liberty and large government
  2. Fear of Regulation not working as intended
  3. Fear of regulation mitigating economic efficiency
23
Q

Public perceptions affect on rule making

A
Rules of thumb 
• people simplify issues 
Prominence 
• greater salience results in greater fear/attention
Ethics 
• those around us matter more than those further away 
Trust in experts 
• has wained due to the appearance that experts can back anyone
Fixed decisions 
• people don’t change their views 
Maths
• people don’t understand or like maths