Government Regulations
by Darrell Prather, MBA & LT, USCGR
The George Washington University
Regardless of whether you think federal government regulation
is great, a necessary evil, or downright obnoxious, you must abide by them
or subject yourself to potential fines, imprisonment, or both. Governmental
regulations are designed to create and uphold a minimum standard for everyone.
However, even the most zealous defenders of governmental regulations will
admit that regulations can, at times, create an uneven "playing field"
amongst competitors, produce side-effects, or even produce the opposite
of the intended results.
This web page sidesteps any debate about the regulations and instead,
focuses on what businesses in general and small businesses in particular,
can do to 1) protect themselves against unfair or unreasonable governmental
regulations and 2) right a wrong when they encounter an unfair or unreasonable
federal governmental regulation.
Recent History of Regulatory Relief :
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1980 - Regulatory Flexibility Act of 1980 (RFA) Passed The Regulatory
Flexibility Act of 1980 requires each federal agency to analyze the affect
of its regulations on small businesses.
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1981 - President Reagan's Executive Order President Reagan's Executive
Order required the Office of Management and Budget (OMB) to review each
new rule being promulgated to analyze the cost/benefit of that regulation.
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1993 - President Clinton's Executive Order President Clinton's
Executive Order 12866 directed agencies to provide the public with meaningful
participation in the regulatory process and laid the foundation for public
involvement.
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1995 - Memorandum of Penalty Waiver President Clinton's April
1995 Memorandum gives compliance officials more flexibility in dealing
with small businesses and the authority to waive penalties and use enforcement
discretion to help bring entities into compliance.
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1996 - Small Business Regulatory Enforcement Fairness Act of 1996, PL
104-121 The Small Business Regulatory Enforcement Fairness Act of
1996 was passed by Congress and signed into law by President Clinton on
March 29, 1996. This law provides small businesses with new and meaningful
ways to participate in the federal regulatory process. Specifically, it
provides:
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Agencies to develop written guidelines in plain English to help small businesses
understand how to comply;
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Congress to review all major new rules;
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Agencies to provide reductions and waivers of penalties imposed on small
businesses;
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The creation of government small business Advocacy Panels to review rules
proposed by EPA and OSHA and to consult with small businesses, and
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The creation of a National Ombudsman and 10 Regional Fairness Boards to
monitor agency enforcement activities.
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This law also provides small businesses with enhanced authority to go to
court to challenge agency rules.
The Basics of Government Regulations:
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Bills This is the beginning stage. Bills can die anywhere along
this process. If they dont make it through this process in the same Congressional
session they are introduced, they must be reintroduced in the next Congress.
Most often, bills are introduced to both the House of Representatives (House)
and the Senate and go to one or more committee(s). After committee, House
and Senate both vote on their respective bills. Then, the two bills (often
different) go to a joint committee to make them a single bill, which then
returns to the House and Senate for approval. From there, the bill goes
to the President for signature, no action (passed without signature) or
veto.
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Acts and Laws An Act or Law is a bill that made it through the
above process.
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Rules Agencies and departments must develop the details (rules)
of implementing the act or law. The federal government publishes the Federal
Register weekly to describe notices, proposed changes, and finalized rules.
Each rule goes through a set process: Request for Comments, Notice
of Proposed Rule (NPR) Interim Final Rule, and Final Rule.
At each of these stages, the Agency invites comments and discussions over
an approximate one month period. Often, this process includes holding meetings
to allow all interested parties an opportunity to recommend changes to
the Rule.
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Code of Federal Register (CFR) Once the Rule is final, it becomes
part of the CFR, which describe in detail how the Agency will carry out
the Act or Law.
Your Friends:
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Small Business Administration (SBA) http://www.sba.gov
These are the people who are trying to change the system from within.
They have a National Ombudsman http://www.sba.gov/regfair/
to investigate "reported complaints, reports findings, and help achieve
equitable settlements." They also have a Chief Counsel for Advocacy http://www.sba.gov/ADVO/
to "encourage policies that support the development and growth of American
small business. Advocacy represents the nation's small businesses within
the federal government; conducts policy studies; and compiles statistics
on small business characteristics and contributions. "
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Local Chamber of Commerce You can find your local chapter by visiting
this page: http://clickcity.com/index2.htm.
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Industry and Trade Associations Associations are unique to your
industry and/or location. They provide a unified voice and power through
numbers.
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Regulatory Agencies of the Government http://www.law.vill.edu/Fed-Agency/fedwebloc.html
or use your favorite search engine.
What to do:
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Always address your concerns through the regulating agencys chain of command.
Although regulations may not be changed except at the highest level, your
immediate grievance may be fixed at lower levels.
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Always tell why the regulation is unreasonable, unfair, or wrong. Use your
situation as an example. Your case is stronger when you stick to the facts
and not cloud the issue with personal grievances.
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If the agency wasnt much help, consider writing to your Congressman. One
letter to one Congressman is often enough because they forward constituent
letters to the appropriate regulating agency for a response. This allows
someone in the agency (often at higher levels) a chance to review the regulation
and your specific case.
Other Links:
http://www.access.gpo.gov/su_docs/ to
search historical, current and pending legislation, rules and regulations.
http://www.business.gov/Search.html to
search many government resources at once. Includes a "plain English" search
tool for health, safety and environmental regulations.
http://ceoexpress.com My web browser
opens this page as my default page. This site has an extensive list of
links that are useful on a daily basis.