Definition: A legal document that outlines how an executive agency will implement legislation. Legislative bodies may pass a piece of legislation as the foundation of the law, and then an executive branch agency often must determine how the law will be implemented or enforced. For example, a State's legislature may enact a law broadly creating a training program to support youth aging out of foster care, and the State human services agency may then need to determine the specifics, such as the training methodology or the qualifications for participation. The process of developing regulations may be referred to as rulemaking.
Example: A notice of proposed rulemaking in Oregon to amend timelines for child maltreatment investigations in order to reflect a change in legislation (PDF - 214 KB)
Why you may want to consider a regulation:
- Minimizes confusion and maximizes consistent behaviors related to the intent of the legislation
- Is usually a public process that offers opportunities for interested parties to provide input on how legislation is interpreted and implemented
- Allows you a "second chance" at effecting positive change through legislation
- Can have a broad impact, depending on the scope of the legislation
- May not require much time or resources
- Could be secured at the Federal, State, county, city, or tribal levels
Why you may not want to consider a regulation:
- Final version of the regulation is ultimately left to the government agency, which may be responsible for responding to multiple sources of input
Other points to consider:
- Determine if there is a piece of legislation for which you want to help develop the regulations
- May need to monitor the Federal Register, similar State publications, professional publications, or other sources—or contact the appropriate government agency or experts in the field—to determine when a regulation is being developed and by which agency
- May only be a short timeframe for public comment on proposed regulations (often, a public comment period of 60 days)
- Determine whether there are any laws or other policies that affect your or your partners' ability to participate in the rulemaking process