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STUDY OF THE PROCEDURAL RULE-MAKING POWER IN THE UNITED STATES

NCJ Number
15496
Author(s)
J A PARNESS; C A KORBAKES
Date Published
1973
Length
78 pages
Annotation
RESULTS OF A NATIONWIDE SURVEY, INCLUDING A GENERAL ESSAY ON THE MAJOR ISSUES INVOLVED IN ANY STATE'S SYSTEM OF ESTABLISHING PROCEDURAL RULES, AND A BIBLIOGRAPHY OF MATERIALS DEALING WITH PROCEDURAL RULE-MAKING POWER.
Abstract
THE DEFINITION OF PROCEDURAL RULE-MAKING POWER, A DISCUSSION ON POSSIBLE RULE MAKERS, SOURCES OF THE RULE-MAKING POWER, TERMS ASSOCIATED WITH RULE-MAKING, AND A DISCUSSION OF RULE MAKING SYSTEMS ARE PROVIDED. THREE APPENDIXES ARE INCLUDED. THE FIRST IS A DETAILED STATE-BY-STATE SURVEY OF THE VARIOUS AMERICAN RULE-MAKING SYSTEMS, INCLUDING RELEVANT CONSTITUTIONAL, STATUTORY, AND CASE LAW REFERENCES. THE REMAINING APPENDIXES PROVIDE CHARTS HIGHLIGHTING SEVERAL OF THE KEY ELEMENTS IN THE VARIOUS RULE-MAKING SYSTEMS. A BIBLIOGRAPHY OF 119 ITEMS, DATING FROM 1913 TO 1972 IS PROVIDED. (AUTHOR ABSTRACT MODIFIED)

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