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Globe Contributor Releases New Book on Agency Rulemaking

You don’t have a law until the agency tells you that you have a law

By Katy Grimes, April 8, 2021 1:42 pm

The brand new “Guide to Executive Branch Agency Rulemaking” trains advocates how to influence the adoption of rules and regulations enforceable on the public. California Globe contributor Chris Micheli released the book he co-wrote with Robert Guyer, who founded The Lobby School, based in Florida, and who has taught lobbying courses around the country for more than two decades. The new book covers the rulemaking process and regulatory advocacy.
Four principles of agency advocacy practice direct it:
  • “The execution of laws is more important than the making of them.” (Thomas Jefferson) Rather than ending the regulatory process, a statute initiates a new one, that is, agency adoption of administrative laws.
  • You don’t have a law until the agency tells you that you have a law. And you don’t know what a law means until they tell you what it means. Agencies do both through rulemaking. Agency rulemaking establishes the real law regulating affected parties.
  • For every page of legislature-made law, agencies can make ten pages of highly detailed agency-made law. In other words, 90 percent of the body of regulatory law is written by executive branch agencies.
  • What the legislature did, an executive agency can undo via rulemaking, and what the legislature wouldn’t do, an executive agency might.

There are few books available on this topic and the co-authors put together materials that could assist individuals, associations and companies in the states and at the federal government level.

Guyer explained that federal and state agencies make administrative legislative law, that is, regulations or rules. “Rather than ending a process, a statute initiates a constitutional process, that is, agency adoption of administrative laws to implement legislative laws. This type of lawmaking is the topic of this manual,” he said.

The book also features a Foreword written by Anthony Samson of Samson Advisors in Sacramento. He said, “The book digs deep into a convoluted issue, but does so in a simple, easy-to-understand way.  In the end, many readers will understand how to become an effective regulatory advocate, but at the very least, they will gain a true appreciation for the art of state regulatory advocacy.  It is well worth the read in either case…I like to believe the “trial by fire” approach I took early on in my advocacy career has made me an effective advocate, but the reality is that a resource like Insiders Talk: State Regulatory Advocacy will be an immense benefit to students studying administrative law and advocacy, as well as regulatory advocates at any state in their careers, including myself.”

Guide to Executive Branch Agency Rulemaking is available on Amazon:  https://www.amazon.com/Insiders-Talk-Rulemaking-Participation-Post-Promulgation/dp/1732343136/ref=sr_1_2?dchild=1&keywords=guide+to+executive+branch+agency+rulemaking&qid=1617623684&sr=8-2.

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