1. Administrative Policy Writing Spring 2012

2. Administrative Policy Writing Spring 2012 The writing project for this week, the AirCheck Texas Case Study, incorporates many of the topics we have learned this semester: business letter formatting professional style plain language citing to regulations This project is also an example of a core function of administrative agencies that we talked about earlier in the semester.

3. Administrative Policy Writing Spring 2012 Remember, we said that there are three primary ways that agencies execute or implement the law: Adopting and enforcing rules (sometimes called regulations) or other laws Providing the public information Administering public services and benefits This project is about administering a state program to individual applicants.

4. Administrative Policy Writing Spring 2012 This week you are taking on the role of an employee responsible for a state program called AirCheck Texas. The writing project requires you to review an application for this program and explain to the applicant why he is not eligible. You will have to review the application, other background information, and the relevant regulations. Then you will write a formal business letter that explains why the individual application is being denied. You may need to review your notes on citing regulations. This week we are going to talk about the program generally so that this task does not feel too overwhelming.

5. Administrative Policy Writing Spring 2012 Why are we doing this? My goal is not for you to learn the requirements of AirCheck Texas. AirCheck is just the vehicle we are going to use to practice applying regulations to a particular situation. Public policy writers perform this kind of writing on a daily basis. Thus, we need to practice finding the right regulation to apply to a set of facts and properly citing that regulation. It is not just about informing the applicant that he doesn’t meet a regulation. Part of the work is figuring out which regulations apply to his situation.

6. Administrative Policy Writing Spring 2012 Overview of AirCheck Texas AirCheck Texas a/k/a Drive a Clean Machine is a program administered by the Texas Commission on Environmental Quality that seeks to improve air quality by providing some drivers of older vehicles with money to trade-in their vehicle for a newer one. The program also provides money toward emission repairs. The program is available only in several counties in Texas that have elevated levels of air pollution. Our focus is on the emission repair program. Individuals who own cars that have failed an emission test performed during their annual vehicle inspection may be eligible for assistance for emission repairs. Website: http://www.driveacleanmachine.org

7. Administrative Policy Writing Spring 2012 Overview of AirCheck Texas What are the basic requirements of the program? Your vehicle must be registered for 12 continuous months prior to the application and must be currently registered. You have to meet income requirements: make no more than 300% of the federal poverty guidelines, calculated by your net pay or tax returns. Your vehicle must have failed an emission test performed during an annual inspection within the 30 days prior to your application. But your vehicle must have passed the safety portion of the vehicle inspection (headlights, brakes, turn signals working, etc.).

8. Administrative Policy Writing Spring 2012 Overview of AirCheck Texas Each of these requirements is found in a TCEQ regulation in the Texas Administrative Code. You will be provided citations to the AirCheck rules. It will be your job to locate the specific requirements and cite them in your letter. You will also be provided with an application, supporting documents, and a memo from your supervisor at the North Central Texas Council of Government. This is an organization of county governments in the Dallas area. The Council is responsible for implementing the AirCheck program in the Dallas-Fort Worth Area.

9. Administrative Policy Writing Spring 2012 Getting Started Start by reading the memo from your supervisor. It will provide you some background information about the applicant and supporting documentation to determine whether he qualifies for the program. Then review the application and regulations. Prepare a business letter under the Council’s letterhead, which is provided in the memo.

10. Administrative Policy Writing Spring 2012 Getting Started The letter should thank the applicant for applying and then explain why he does or does not qualify. Use the style of analysis we discussed. Be very explicit about what the facts of his situation are, what the regulations say, and why his situation doesn’t meet the requirements. Each in a new sentence. Remember, the applicant might fail on several different grounds. Cover all of them in your letter. But don’t write about the criteria he does meet.

11. Administrative Policy Writing Spring 2012 Getting Started Cite the AirCheck regulations using the two-sentence method. The citation is a sentence. Something like the following: In order to be eligible for the AirCheck repair program, your vehicle must be currently registered with the state. 13 Tex. Admin. Code § 321.32(a).

12. Administrative Policy Writing Spring 2012 Practice To help you exercise your skills at regulatory analysis, let’s practice with a mock regulation. Review the facts of the following situation and the regulation provided. Write an analysis of the potential violation by reciting the relevant fact. Then the regulation with citation. Then conclusion. These are mock regulations of the Texas Rangers in the Old West. Suppose the Texas Legislature authorized the Rangers to regulate firearms and the consumption of alcohol. (In addition to whatever local city ordinances existed. Even though the Administrative Code didn’t exist at the time! Just go with it.)

14. Administrative Policy Writing Spring 2012 Ideal Answer

15. Administrative Policy Writing Spring 2012 Overview of AirCheck Texas One final note: Your analysis for the AirCheck program is different than the Texas Rangers example. In that example, the analysis documented violations of the regulations. The AirCheck regulations don’t require you to do anything. Rather, they establish criteria to qualify for a program. See the difference? So don’t tell the applicant that they violated a regulation. Instead, tell them they didn’t meet the requirements under the rules. Your situation is ___. The regulations say ___. You didn’t meet the requirements because ___. Email me if you get stuck!