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How is administrative law promulgated?

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Answer:

Administrative law, as contrasted with statutory law, is promulgated by the executive branch of the government. In the US, a Department such as the Treasury, Housing and Urban Development or Defense, prepares proposed regulations that would implement and govern a particular program authorized by Congress.

The proposed regulations are published in the Federal Register with a request for comments by interested parties a given period of time. After the time for comment has expired, the Department proposing the regulations considers the comments and makes adjustments to the regulations if it believes any are necessary. The comments and regulations in final form are then published again in the Federal Register.

The final regulations are then "codified" or published under the appropriate title in the Code of Federal Regulations and become as binding as if they were statutes passed by Congress.

The various states also adopt administrative regulations in the same manner using their own publications and codes.

First answer by EPLibrarian. Last edit by EPLibrarian. Contributor trust: 354 Question popularity: 6 [recommend question].

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