Regulation: Politics, Bureaucracy and economics

Regulation: Definition “rules and administrative codes issued by governmental agencies at all levels, municipal, county, state and federal. Although they are not laws, regulations have the force of law, since they are adopted under authority granted by statutes, and often include penalties for violations.” Law.com dictionary:

Regulation: Definition “The regulation-making process involves hearings, publication in governmental journals which supposedly give public notice, and adoption by the agency. The process is best known to industries and special interests concerned with the subject matter, but only occasionally to the general public. Federal regulations are adopted in the manner designated in the Administrative Procedure Act (A.P.A.) and states usually have similar procedures.”

2 perspectives in regulatory policymaking:.Regulatory agencies are granted with vast discretion & are major force in regulatory policies Policy are determined by -professional values -policy expertise -bureaucratic entrepreneurs -agency structures.Regulatory agencies are dominated by their environment Policy are determined by: -interest groups -legislative committees -economic forces -technological change

Regulatory policy outputs Generally perspective: who gets what, when and how ? Political perspective: who “benefits from regulation”? *Dilemma: “Even the self appeal by a regulated group is now phrased as a quest for public interest” Paul sabatier, Regulatory Policy Making(1977) - Theodoulou & Cahn,pg266

Alternative theory to the Public Interest in the theory regulation: “Regulatory policy can be arrayed on a continuum from self –regulation (regulation in the interest of the regulated) to aggressive regulation (regulation of one individual in the interests of another). Theodoulou & Cahn, pg 206

Role of the regulatory agencies why they act as they do and why regulatory policies benefits whom they do…

Obstacles with the “iron triangles” Lack of homogeneity in the system: Interest groups/ industry groups rarely agree completely about regulatory policy; Interest groups other than industries groups actively participate on regulatory subsystem subsystems are often divided among different subcommittees each with different policy objectives

Obstacles with the “iron triangles” (suite) variety of other actors penetrate the system to urge policy actions Subsystem overlap one or more other systems, adding actors to the political battle, creating more conflicts system concept ignores the vital role of the state and local government officials in regulating process

The regulatory subsystem pg Remedy to the “iron triangle” system: - Regulatory policy restricts choice related industries; -members of congress are likely to be less committees as a regulatory subsystems than a distributive system; -no-industry groups that want to participate in the subsystem

The regulatory subsystem - restrictions of choice to industry: related industries may defend their regulation when it is attached to other political actors; - members of congress are likely to be less committees as a regulatory subsystems than a distributive system… - Regulatory system luckily have no-industry groups that want to participate in the subsystems;

Inside the black box 2 variables within regulatory agencies: Goals - policy goals - other goals Resources - Expertise - Cohesion - Legislature authority - Political salience - Leadership

Regulatory Agency Discretion The regulation agencies exercise some discretion but with some limits The discretion is determined by: - the resources of the agency - the tolerances of other actors in the political system

Thank you for listening *****