Custom Training Information

Introduction 

• Agencies of the Executive Branch may take a variety of administrative actions.

• What is rulemaking?

Basic Background

• Administrative Procedure Act - Reasons for adoption and basic structure.

• Expansion of Federal regulatory power in the 1960s and 1970s.

• Checking reactions to Federal agency exercise of new regulatory powers.

• Basic scheme of notice and comment rulemaking procedures

• How agencies develop notices of proposed and final rulemaking.

Notices of Proposed Rulemaking

• Elements 

• Supplementary Information Portion of the Preamble

• Public Input on Notices of Proposed Rulemaking

Public Hearings

• Legislative-type hearing is the norm.

• Facilitated and Interactive Workshops are optional.

Mid-Course Corrections for Rulemakings Gone Awry

• Schedule additional public hearings outside of Washington.

• Re-propose or publish notice reopening or extending the comment period.

• Initiate or acquiesce in one-time informal meetings with vocal constituency. 

Notice of Final Rulemaking

• Final regulation must be a "logical outgrowth" of the proposal.

• Preamble must respond to the relevant, "major issues" synthesized from the public comments. 

• Preamble must reflect final NEPA, Paperwork Reduction Act, and Regulatory Flexibility Act.

• Action Memorandum and Concurrence Process (same as for proposed rule).

• OMB Clearance Under Executive Order 12866.

Judicial Review

• 45 percent of reversals of final rules attributable to failure to explain basis for agency action or rejection of major comments in the preamble to the final rule.

• 20 percent of reversals of final rules attributable to erroneous statutory interpretations.

• 20 percent of reversals of final rules attributable to purely procedural error.

Conclusion

• Rulemaking is a system of procedures to channel and check the exercise of the power to make enforceable policy.

• The agency is obliged to involve the public and to respond to public input. Usually the agency has to balance different viewpoints and arrive at a policy that can command public support.

• Ultimately, the agency is subject to supervision by OMB and is accountable to the courts and to Congress.

Breaks scheduled as appropriate 

All custom training is tailored for each organization and audience. Topics from this program can be combined with topics from our other programs and with topics from your existing training programs.

Sample agendas of different versions of this program tailored for previous custom clients are available in Adobe PDF.

• Our public course

• 90-minute training as part of "legislative day" training for national association - Working with the current Congress and the Regulatory Process

See our Sample Agendas page for more.

Not enough staff for a custom, on-site program? You can still train your staff at our public course.

Usually requires 1/2 day to 1 day.  

This program is usually held in Washington, DC.  It can be presented anywhere in the world.

If you don't have enough people for a custom, on-site program, you can still train your staff at our public course.
 

The program fee includes pre-program development and design, materials for your internal marketing and promotion, all course materials, and faculty chosen for your topic and your audience at the time and location you choose.

Our custom program clients provide the classroom/meeting space, all audio visual equipment, any food and beverages, all registration functions, and travel arrangements for attendees. When the program is held outside the Washington, DC metro area, travel arrangements for faculty can be made by the client or by us. 

We can also provide meeting space, audio visual equipment, food and beverage, registration, and travel arrangements, though this affects program cost.

• Drafting Effective Federal Legislation and Amendments

• Essential Washington Research Skills

  • How to Research Regulations and Rulemaking

  • Legal Research for Non-Lawyers

  • Research Skills for the Real World

• Preparing for Congressional Oversight and Investigation
  

FEIN: 54-1917701     DUNS: 04-273-5071      CAGE: 1K5S4

• Online Regulatory Research Resources

• Internet Resources handout from our Legal Research course

• Quick DC Links - Washington Essentials
  

• Phone: 703-739-3790

• Email: custom -at- TheCapitol.Net

• Complete our online custom program information request.