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Copyright © 2014 by The University of Kansas Seeking Enforcement of Existing Laws or Policies.

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Presentation on theme: "Copyright © 2014 by The University of Kansas Seeking Enforcement of Existing Laws or Policies."— Presentation transcript:

1 Copyright © 2014 by The University of Kansas Seeking Enforcement of Existing Laws or Policies

2 Copyright © 2014 by The University of Kansas What do we mean by enforcement? Enforcement of the spirit, if not the letter, of the law Enforcement that deals with the underlying problem Enforcement that works to the benefit of the largest number of people

3 Copyright © 2014 by The University of Kansas Who is responsible for enforcing laws and regulations? State agency Federal bureaus and agencies County or community boards

4 Copyright © 2014 by The University of Kansas When might be the best times to seek enforcement of existing laws and regulations? When an appeal to violators has been ignored When new information or a new situation has shed light on or created a problem When public pressure has built to the point where lack of enforcement can no longer be ignored

5 Copyright © 2014 by The University of Kansas Why might laws and regulations not be enforced? Violations might be unknown The enforcing agency may not have adequate resources or personnel to enforce the laws Violations might be known, but not deemed serious enough to address Violations might be known, but enforcing them might be seen as too damaging to the economy, or too politically risky

6 Copyright © 2014 by The University of Kansas Why might laws and regulations not be enforced? (cont.) There might be outright collusion between the violators and enforcers The enforcers might not care Agencies might be trying to enforce the law, but violators might not care

7 Copyright © 2014 by The University of Kansas How do you seek enforcement of existing laws and regulations?

8 Copyright © 2014 by The University of Kansas Before you start… Know the relevant laws and regulations inside out Learn whatever background information you need Know the history and context of the violation and its enforcement Learn about the organizations involved Determine whom to contact about enforcement

9 Copyright © 2014 by The University of Kansas Steps to take to gain enforcement of existing laws or regulations Start at the level closest to the problem, i.e. with the violator Meet with the enforcement agency to report the violation File a formal complaint Take your complaint to the next level Apply political pressure Take direct action Take legal action

10 Copyright © 2014 by The University of Kansas How do you maintain enforcement of existing laws and regulations ? Inspection or oversight rights for your group or some other mutually agreed upon neutral body Availability of the results of inspection or oversight to the public Timelines for accomplishment of specific benchmarks Appropriate penalties, spelled out and made public, for violations


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