Importance of Oversight in the Rule making Process

Importance of oversight in the rulemaking process

In the last three decades, the legislatures have improved their capability to play a more progressive responsibility in the rule or policy making process. The legislature has declared their independence from the governor, presumed a greater function in devising rules and more actively administer the duties of the judiciary or the executive branch (Hissam, 2008). Conversely, the legislative assumes or takes many forms. Firstly, the legislative standing committees are in charge of continuously reviewing the work of the state agencies in their subject areas. Secondly, the legislature has staff committees or agencies intended to assess and evaluate agency performance and operation. Thirdly, the legislature veto and reviews the regulations and rules developed by the executive agencies to employ law.

Therefore, the legislative oversight is an essential and fundamental check and balance.  While the states have assumed greater obligations for the government services and programs, the significance of the congressional oversight has amplified.  However, more dynamic and active legislative involvement increases the frictions with the executive branch. Congressional oversight is very imperative and significant in the rulemaking process as it audits or evaluates activities and programs for efficient use of resources.  With the performance audit, the legislature ensures that the funds and programs operate economically, effectively, and efficiently (Bowers, 1989). Even though the state legislatures have entrusted and delegated the authority to executive agencies, they have cautiously cosseted and protected their authority to review and, in most instances, approve administrative rules to ensure that they comply with the legislative intent and statutory authority. The legislative have the mandate to veto the rule if they determine the government does not abide by the statutory authority and legislative intent.

How oversight might impact administrative agencies, agency heads, and the rulemaking process

The regulatory agencies established by the U.S. Congress, local lawmaking bodies, and the federal Constitution. The responsibility of the administrative agencies is to rectify and redress serious social problems, oversee challenging and complex issues of governmental concern beyond the proficiency of the legislators, and manage crises (McKay,  & Webb Yackee,  2007). As a consequence, a lot of people argue that the framers of constitution motivated and encouraged the establishment of powerful administrative agencies. Nonetheless, the argument has triumphed and prevailed, and the court permits legislative bodies and the Congress to make laws, which entrust and delegate restricted and limited lawmaking authority to administrative agencies. The core, gist and substance power of the regulatory agency require to be comprehensible and logical, and a structure of controls ought to be in place to regulate and limit the credentials of the administrative agencies. Although the obligation of the courts is to investigate and ensure that the regulatory agencies meet these necessities and requirements.

The oversight impacts the rulemaking process, agency heads, and the administrative agencies through the statutory authority and the legislative intent. Consequently, the administrative agencies can arbitrate and adjudicate exceedingly intricate and minor disputes faster and flexibly than the federal and state courts. It is paramount and vital as the regulatory bodies help in conserving and safeguarding the judicial resources and encourage and promote quick and swift decrees or resolutions (Kaiser, 1988). Nevertheless, the efficiency of the administrative agencies has led a lot of opponents or critics to charge the establishment of the administrative agencies. The critics say that the administrative agencies dodge or thwart the constitutional dictates, which creates laws through elected officials or delegates.


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