Organizational Process, Rulemaking Pace, and the Shadow of Judicial Review

• 成果类型: Review
• 署名作者: Carrigan, Christopher; Mills, Russell W.
• 署名单位: George Washington University; George Washington University; University System of Ohio; Bowling Green State University; University System of Ohio; Bowling Green State University
• 刊物名称: PUBLIC ADMINISTRATION REVIEW
• ISSN/ISSBN: 0033-3352
• DOI: 10.1111/puar.13068
• 发表日期: 2019
• 页码: 721-736
• 关键词: ADMINISTRATIVE PROCEDURES; management; performance; team; hierarchies; consensus; deadlines; speed; EPA; air

摘要

Scholars have long understood that structuring internal work processes into more hierarchical or team-based arrangements has consequences for organizational outputs. Building on this insight, this research examines the relationship between how agencies organize their rulemaking routines and the resulting rules. Tracking the job functions of rule contacts for economically significant rules proposed over a four-year period, the analysis demonstrates that expanding the breadth of personnel types closely involved in a rulemaking is associated with a reduction in the time it takes to promulgate the rule. However, increasing the pace at which rules are finalized is not without cost, as those completed faster appear more likely to be overturned when challenged in court. The article not only adds another dimension to empirical scholarship studying rulemaking, which has largely focused on how forces originating outside the agency affect rules, but also suggests the importance of considering competing priorities in designing rulemaking processes.