Petitioning Government
Just how does one go about petitioning one of the many obscure branches of government? Agencies discussed here mostly effect our lives in administering the laws of the land, are called “The Administrative Agencies”. There are three devisions within the Administrative Agencies, first is the Regulatory Agencies which consist of:
Business Standards
Responsible for regulating safety issues of public interest of specific businesses For example, the U.S. Food and Drug Administration
Rate making
Regulates the price of certain goods and services, such as utilities, telephone,
transportation companies, and dairy products. For example, state public utility
Commissions, department of Food and Agriculture and the Federal Energy Regulatory Commission
Licensing sets and maintains standards for entry into a business or occupation; many also enforce professional standards and decide disciplinary matters involving licensees. Medical boards, funeral boards, and cosmetology boards, for example, are licensing agencies. Many states have a long list of such boards. Some boards are completely independent; others fall under the jurisdiction of other state departments
Permitting agencies generally require businesses or industries to preserve the quality of the environment. They set minimum standards for construction projects, waste disposal plants, the agricultural use of pesticides, and other projects with an environmental impact. City and county planning commissions are local permitting agencies.
Social welfare and entitlement agencies oversee public benefits programs. They include social service departments, health and welfare agencies, and housing departments.
Government operations agencies keep government functioning; they involve purchasing, personnel, property management, etc.
There are some agencies classified as part of the executive branch which fall under the authority of the president, state governor, or mayor, which can also be independent groups. There are also independent agencies known as boards or commissions which are headed by multi-member groups appointed by the executive or legislative branch or by both branches together like the U.S. Federal Trade Commission. Many states also have agencies chaired by elected officials,such as insurance commissioners.
Administrative agencies expedite their missions mainly through one of four ways:
1.Rule-making,
2.Adjudication
3.Licensing and permitting,
4.Rate-making.
Some public agencies, such as school, municipal utility, emergency services and hospital boards oversee services provided directly to the community.
Private agencies and organizations
There are organizations not connected to government which can be petitioned to make changes in their procedures. These organizations are under no obligation to respond or act as you wish. But by following proper protocol you stand a good chance of moving your agenda for change forward. By using documented facts, an organized coalition of interested groups, presenting a possible solution, and media pressure will almost always get a response from the agency you focus on.
Agencies’ processes
Rule-making is the process by which agencies establish, change, or eliminate rules and regulations—the operational details of the laws passed by the legislative branch.
Rules and regulations are used to require businesses to act in a responsible manner so as to refrain them from behaving in ways that could harm the public, or to provide government services in an efficient and equitable manner. As example would be to restrict the amounts and types of chemicals farmers can use, or prevent the sale of unsafe or unreliable drugs and medical devices.
Agencies also establish rules and regulations to require responsible, positive behavior, like testing drugs and medical devices before they are made available to the public. Many rules and regulations are set by the agency, profession, trade, or populace who are being regulated or affected by the particular agency. One note of importance is to remember, that you or any citizen may propose a new regulation, or propose change or the elimination of an existing regulation. Simply by following protocol you can exercise your right to petition local, state, or federal agencies, if you feel a change needs to be made.
Before any proposed rule can be adopted, agency officials must notify the effected public and provide an opportunity for people to comment or protest.
Most usually regulations are formally adopted when approved by the head of an agency or members of its board of directors. The new ruling usually becomes effective 30 days after the approval. In emergency situations, the process can be accelerated to address an extraordinary problem or opportunity.
Adjudication
The process by which an agency may determine whether a person or organization has violated a rule or a law and, if so, what disciplinary action should be taken. Some agencies have the authority to issue cease-and-desist orders, to impose fines, or to revoke, suspend, or modify licenses or permits or operation. Usually, such proceedings are held as hearings similar to court procedures and decisions.
You or any citizen can ask an agency to enforce a rule or a law. Requests for enforcement can be an effective tool to hold industry or business accountable for their actions.
Licensing and permitting
The process by which an agency grants a business or individual permission to engage in a particular occupation, operate in a certain manner, or do business in a certain jurisdiction. Agencies are often required to post public notices of an application for a license or permit and to provide for public comment. Citizens participation in the process can effectively shape the activity of a licensed business or require some public benefit in return for granting a license or permit
Rate-making
The process by which an administrative body determines the rate companies can charge for public utilities or certain goods and services, such as gas and electricity, cable and telephone services, and transportation. If proper procedures are followed, the public may participate in rate-making proceedings.
If a citizen believes the agency’s procedures are not fair, or if they have not given the public a reasonable chance to make their case, they can be petitioned by any citizen to change, eliminate, or add to their procedures. Public proceedings and notice of filings and hearings, for example, a petition can impact the regulations for standards of a Water Board or a Board of Medical Quality.
It is the right and duty of each citizen to be observant and responsible in holding government agencies accountable for their actions. Government agencies primary function is to attend to the requirements of the citizens who agreed upon their necessity.
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