BATF Regulation Authors
son of a gun
November 13, 2003, 01:11 PM
Who writes all these hard to interpret regulations ? It doesn't seem like the Congress would waste there time writing this crap, getting reelected is to time consuming.
Do some bureaucrats at the BATF write it and send it up the hill for them to sign or what?:confused:
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tyme
November 13, 2003, 01:46 PM
Administrative law is supposed to cite congressionally granted authority, so it's presumed to be permitted. No congressional sign-off is required. Whether the president has to sign rules is, I suppose, up to the management structure of the agency, but I don't think there are many individual policies the president has to sign. If he had to sign most stuff, there'd never be any way for him to disclaim responsibility for some management bungling, and that wouldn't be good. What good is a cabinet officer or agency head if you can't blame them for something and ask for their resignation?
EOD Guy
November 13, 2003, 03:09 PM
When congress passes a law, they direct the appropriate Secretary from the Executive Branch to promulgate regulations implementing the law. The Department then proposes the regulations, publishes them in the Federal Register, and opens them to a public comment period. After reviewing the public comments, the Department may make changes and then authorize a "Final Rule" with an effective date. All this is published in the Federal Register where the laws are codified. If you check the BATF regulations in 27CFR against the US Code, you will find that, in most cases, they following the text of the law word-for-word. In other cases, i.e., Department of Transportation regulations, the law gives broad powers to the Secretary to interpret the law.
The entire process, including review of the public comments, is published in the Federal Register and can give a lot of insight into the intent of the regulations.
son of a gun
November 13, 2003, 09:45 PM
Thanks guys:D
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