Chapter 10 – State Agencies
10.4 State Agencies as Rule Makers
Did you know that government agencies can make laws? They are called regulations, which are rules or directives created by a government agency that have the force of law. Agencies design these regulations to enforce legislation and guide the behavior of individuals, businesses, and organizations. For example, in Ohio, the Environmental Protection Agency (EPA) issues regulations to limit air and water pollution to protect public health.
Regulations must be specific to an agency’s mandate, and agencies can only create them if specifically empowered by the legislature through enabling legislation.
These rules are created to protect public health, ensure fair business practices, and maintain environmental standards. For example, regulations can limit pollution, set safety standards for products, and prevent financial fraud. Without regulations, there would be fewer safeguards against harmful practices, which could lead to greater risks and inequalities in society.
Agencies are allowed to create regulations because they have specialized knowledge and expertise in specific areas that the legislature may not have.
While the legislature passes broad laws, it delegates the authority to create detailed regulations to agencies that can focus on the specifics. For example, the Ohio State Board of Pharmacy can create detailed rules about the distribution of prescription drugs because it has the specialized knowledge to ensure these drugs are handled safely and ethically. This system allows for more precise and effective governance, as agencies can respond quickly to new challenges and changes in their fields.
When an agency drafts a regulation, it typically follows a structured process that includes research, drafting, and public input. First, the agency identifies the need for a new rule or a change to an existing one. It then drafts the regulation, often with input from experts and stakeholders. After that, the draft regulation is published for public comment, allowing individuals and organizations to provide feedback. The agency reviews these comments and may make changes before finalizing the regulation. In Ohio, you can find a list of state regulations in the Ohio Administrative Code, which is available online and contains all the rules established by state agencies. This allows the public to stay informed about the regulations that affect them.
Foundational Facts
The Ohio Administrative Code (OAC) is the official compilation of rules and regulations adopted by state agencies to implement and enforce the laws passed by the Ohio General Assembly. While the legislature creates laws that set the framework, state agencies develop detailed rules within the OAC to specify how those laws are applied in real-life situations.
For example, the Ohio Department of Education uses the OAC to outline specific requirements for teacher certification, and the Ohio Department of Health establishes public health standards, such as food safety regulations, through its rules.
The OAC plays a role in Ohio’s governance by (a) providing a clear set of guidelines for businesses, organizations, and individuals to follow, (b) promoting compliance and (c) protecting public interests. Understanding the OAC can help you navigate the regulatory environment and participate in the rule-making process.
Critiques and Challenges of Government Regulations
Regulations are sometimes criticized for their potential to overreach and create what some call red tape that stifles innovation, burdens businesses, and slows economic growth.
We can define red tape as excessive or overly complex regulations, procedures, or bureaucratic requirements that can create delays, inefficiencies, and frustrations in completing tasks or accessing services. Critics argue that excessive regulations can make compliance costly and time-consuming, particularly for small businesses that may lack the resources to navigate complex rules.
Too many regulations can make government less efficient and less able to handle new problems quickly. For example, strict environmental rules might delay important projects like building bridges or roads, or make it more expensive for industries to adjust to new requirements.
Additionally, opponents of expansive regulatory frameworks warn that unchecked rule-making authority can erode public trust, as it may appear that unelected officials are wielding too much power without sufficient oversight or accountability. These concerns fuel ongoing debates about finding the right balance between necessary regulation and economic and individual freedoms.
Checks & Balances
In Ohio, there are provisions that allow the legislature to review and potentially reject administrative rules and regulations proposed by executive agencies. The Joint Committee on Agency Rule Review (JCARR) is a legislative body that reviews proposed rules from state agencies to ensure they comply with legislative intent and statutory authority. While JCARR does not have the power to unilaterally veto rules, it can recommend invalidation to the General Assembly, which can then take action to prevent the rule from taking effect. This process provides a check on executive agencies and maintains legislative oversight over administrative rulemaking.
Judges in Ohio can invalidate agency-issued regulations. This happens through judicial review, where courts check if the rules follow the law and constitution. If someone challenges a rule in court, judges will determine whether the agency had the authority to create the rule, followed proper procedures, and if the rule is reasonable. If the court finds any problems, it can strike down the regulation. This process ensures that administrative agencies do not exceed their powers and stay within legal boundaries, adding an extra layer of oversight beyond the legislative review by JCARR and the General Assembly.
