Hi,
The precise answer depends on which bureaucracy we're talking about,
but the general answer is that bureaucracies do set their own rules
AND have their rules set for them.
In the United States, the basic guidelines for bureaucratic rules in
the federal government are set in the Administrative Procedures Act,
passed by Congress in 1946. Most states have similar laws, often
(although not always) referred to as Administrative Procedures Acts as
well. In general, the state laws are more liberal in terms of
providing for public input and open records.
The federal APA includes these provisions:
-- Before an agency can adopt a rule, it must be published in the
Federal Register and a time of public comment allowed. (There is a
major exception for some rules that involve national security.)
-- Depending on the nature of the rule, the agency must hold hearings
on the proposed rule.
-- Before the rule goes in effect, it must again be published.
Of course, there are all sorts of lower-level rules that can simply be
put in force by managers at various levels. For example, the office
hours for a particular building might be set by the person in charge,
and no hearings are required.
In addition, Congress may establish rules for individual agencies. For
example, Congress has established guidelines that the Food and Drug
Administration uses to determine which drugs can go on the market
(although it is still up to the FDA to interpret those guidelines).
Most bureaucracies have their internal systems for enforcing rules.
For example, if I don't like the way the Internal Revenue Service
interprets a particular provision of tax law, there are procedures in
place where I can appeal. If my appeals aren't successful, then I
could take the matter to court. In the case of the U.S. federal
government and many (if not most or all) state governments, a citizen
dissatisfied with the way a rule is interpreted must exhaust all
appeals within the agency before going to court.
You can find a summary of the Administrative Procedure Act here:
A Guide to the Act That Governs the Federal Regulatory Process
http://www.uslaw.com/library/article/sbaapa.html?area_id=44
You can view the Federal Register here:
Federal Register Online via GPO Access
http://www.access.gpo.gov/su_docs/aces/aces140.html
You can find other resources on bureaucratic rulemaking in the
following document, which also takes a look at rulemaking outside the
United States:
Administrative and Government Law
http://www.hg.org/adm.html
Finally, you can find a flurry of other information about
administrative rulemaking by using the following Google search:
Search term: administrative rulemaking
://www.google.com/search?q=administrative+rulemaking
I hope you find this helpful.
Best wishes,
mvguy |
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