Two Leisure’s in the Administrative State

Notwithstanding the ever growing number of regulations in the Administrative state you know  you have  arrived when you no longer have to:

(1) use a smartphone

(2) ride  Uber

Education– Not Legislation as a Path to Regulatory Reform

Centralized Regulatory Review has been around for a half century. In that space of time the concept of centralized regulatory review has emerged from an extralegal innovation of the Presidency to a necessary tool for governance of the administrative state with a bipartisan base of support.

What is the relationship between centralized regulatory review and pending legislation for regulatory reform? In large part the proponents of regulatory reform conclude that centralized regulatory review, while making a contribution, is not living up to their expectations.

What is an IPD?

A  Mechanism for Communicating With Administration Officials Subsequent to the Close of the Public Comment Period

An IPD is an Interactive Public Docket.. The purpose of an IPD is to break the government’s monopoly over what is contained in a regulatory docket.

More specifically, the docket for a regulatory proceeding and access to it by the public is very limited. Presently the regulators are the sole determinant of what papers used in the pre-Notice of Proposed Rulemaking (NPRM) stage goes into the docket; the regulators are also the sole determinant of what papers go into the docket subsequent to the close of the public comment period. The public can only affect the content of the docket in a limited time period of say, 60 to 90 days, out of a period of one or more years need to complete a rulemaking.

Data Mining the Literature on OIRA’s History

2009

The Future of Regulatory Oversight and Analysis

 “ OIRA  currently operates under President Clinton’s 1993 Executive Order (EO) 12866, which requires centralized, coordinated review of regulations, and states that agencies should “adopt a regulation only upon a reasoned determination that the benefits of the intended regulation justify its costs.”

 

2011

OIRA’s Formative Years: The Historical Record of Centralized Regulatory Review Preceding OIRA’s Founding