According to Merriam-Webster, the legal definition of a rule depends on the context in which the word is being used. From the Rule of Law’s perspective, a rule can be defined as, “all or part of a statement (as a regulation) by an administrative agency that has general or particular applicability and future effect and that is designed to implement, interpret, or prescribe law or policy or that describes the organization, procedure, or practice of the agency itself.” In short, rules apply to policies and regulations, and assist the creating agency’s ability to exercise authority and control over a specific policy or regulation.
Mandatory requirements that apply to people, businesses, state and local governments, as well as non-profit institutions, are known as regulations. Regulations are created based on laws passed by the U.S. Congress, once it is determined that the regulation is actually needed. The procedures for creating a regulation include: 1) The Environmental Protection Agency (EPA) proposes a regulation, which is then posted in the Federal Register so that the public can provide comments, 2) The EPA considers the public’s comments and makes a decision to move forward with the regulation or not. If a proposed regulation moves forward, the public’s comments can be taken into consideration for modifying the original proposal, 3) Once the EPA generates a regulation, it is codified (made into federal or state code) and entered into the Code of Federal Regulations.
Policies and regulatory guidance are used to enhance the power of the EPA by refining and explaining the nuances of regulations. Additionally, policies and regulatory guidance can be used as a tool by the EPA to augment their ability to force compliance with the regulation. The difference between policies and guidelines, is that a policy represents the official interpretation or view on specific issues within a regulation, whereas guidance provides clarification to a regulation in an attempt to assist with the implementation of the regulation.
An executive order is an official document issued by the President of the United States, numbered consecutively, used to assist in the management of the operations of the country. State governors also have the power to issue executive orders at the state level. Executive orders carry the same weight as laws, but do not have to be approved by congress.
A Memorandum of Agreement (MOA), sometimes called a memorandum of understanding, is a formal document outlining an agreement between two separate parties, groups or businesses, which normally precedes a more detailed, permanent agreement. While MOAs are not generally bound by law, but if the MOA meets the required six elements of a contract, then it can be considered legally binding.
Thanks for the good article
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