PKSC 3680 Lecture 5: Laws and Regulations

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Laws and Regulations
The law
o It is the function of the legislature (elective body) to determine:
The need for the law
To draft the statute
To enact the statue
o Laws outlines broad policies, but usually do not cover details,
they are usually delegated to an agency that has been set up for
that purpose
Regulations cover the details
Regulations
o When a law is passed
An agency such as FDA or EPA is designated (or created) to
prepare and promulgate the supporting regulations that
must be followed to comply with the law. At the federal
level, these proposed regulations are published where?
Published in the CFR (code of federal regulations)
Regulations are the details of the law
o After a specified time for comments, arguments, and proposals,
official regulations are published which have the force of law!
o Administrative agencies cannot make law, they can only
interpret
o If errors are made, the regulations are invalid
o The agency has no punitive powers. The courts decide guilt or
innocence and impose penalties
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