The reading consists of some review chapters in ALPM and two proposed rule-makings, with three prompts below.
Administrative Law for Public Managers, 2nd Edition
Chapter 1: What is Administrative Law?
Chapter 3: Administrative Rulemaking
Chapter 4: Evidentiary Adjudication and Enforcement
Chapter 5: Transparency
These rule-makings are totally independent of each other, involving disparate federal agencies, but share some similar “packaging,” and I think invoke a lot of interesting legal and public administration issues.
For the Anti-Money Laundering rulemaking (https://www.federalregister.gov/documents/2021/12/08/2021-26549/anti-money-laundering-regulations-for-real-estate-transactions),
Carefully read Sections I, II, and III, then skim and read selectively after that, but make sure not to miss the “Request for Comments” section.
For the Rural Housing Service rulemaking (https://www.federalregister.gov/documents/2022/08/04/2022-16637/single-family-housing-guaranteed-loan-program), carefully read the first two sections, “Background” and “Discussion of the Rule” and skim the rest, and similarly, make sure not to miss the “Request for Comments” section.
For BOTH rulemakings, please do not focus on the “fine print” text that follows the main subject matter, starting with Executive Order 12866 and 13563… through “E-Government.” E.g., you should NOT be discussing “Paperwork Reduction Act” etc.!
The three discussion questions are here, for both:
1) What will the government do differently under these rules? What burden–in terms of staffing, resources, data collection, or other commitments–will be imposed on the government by a proposed rulemaking here?
2) What are the implications for individuals and their constitutional rights? Privacy? Maybe even takings clause issues? What are the potential costs to businesses, direct or indirect? What are the regulatory burdens (meaning, non-monetary actions or issues)? What are the benefits to taxpayers, businesses, and the public?
3) Look at the “Request for Comments” section at the bottom– look at one or more of the questions the agency poses and draft a very short response, wearing your academic hat, looking to the broader issues of public administration, individual rights, and good governance?
