Administrative Procedures and Bureaucratic Performance: Is Federal Rule-Making 'Ossified'?

Posted: 26 Apr 2010  

Jason Webb Yackee

USC Gould School of Law

Susan Webb Yackee

affiliation not provided to SSRN

Date Written: April 2010

Abstract

We provide the first empirical assessment of the ossification thesis, the widely accepted notion that procedural constraints on federal agencies have greatly hindered the ability of those agencies to formulate policy through notice and comment rule-making. Using data that cover all active federal rule-writing agencies from 1983 to 2006, our results largely disconfirm the ossification thesis. Agencies appear readily able to issue a sizeable number of rules and to do so relatively quickly. Indeed, our empirical results suggest that procedural constraints may actually speed up the promulgation of rules, though our model suggests that this positive effect may decline, or even reverse, as proposed rules age. We conclude that procedural constraints do not appear to unduly interfere with the ability of federal agencies to act, or in most cases, to act in a timely manner.

Suggested Citation

Yackee, Jason Webb and Yackee, Susan Webb, Administrative Procedures and Bureaucratic Performance: Is Federal Rule-Making 'Ossified'? (April 2010). Journal of Public Administration Research and Theory, Vol. 20, Issue 2, pp. 261-282, 2010. Available at SSRN: https://ssrn.com/abstract=1594608 or http://dx.doi.org/10.1093/jopart/mup011

Jason Webb Yackee (Contact Author)

USC Gould School of Law ( email )

699 Exposition Boulevard
Los Angeles, CA 90089
United States

Susan Webb Yackee

affiliation not provided to SSRN

No Address Available

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