The American Bar Association’s Section of Administrative Law and Regulatory Practice has just released a comprehensive report entitled Improving the Administrative Process, to the President-elect with recommendations to improve important facets of administrative process as the country begins its transition to a new administration. Many of its recommendations rely on, cite, or are informed by the work of the Administrative Conference of the United States. They include the Section’s recommendation that the incoming administration:
- Require that private citizens who work on presidential transition adhere to the Conference’s Workers Code of Ethical Conduct.
- Promote international regulatory cooperation, as provided for in Executive Order 13609, which is based largely on ACUS Recommendation 2011-6, International Regulatory Cooperation.
- Ensure that all agencies post guidance materials (including guidelines, manuals, opinion letters, and press releases) on their website in accordance with ACUS Recommendation 2014-3, Guidance in the Rulemaking Process.
- Provide for transparency in the rulemaking process by following Recommendation 2015-1, Promoting Accuracy and Transparency in the Unified Agenda.
- Review so-called midnight regulations in accordance with ACUS Recommendation 2012-2, Midnight Rules.
The Administrative Conference of the United States is an independent federal agency dedicated to improving the administrative process through consensus-driven applied research, providing nonpartisan expert advice and recommendations for improvement of federal agency procedures. Its membership is composed of innovative federal officials and experts with diverse views and backgrounds from both the private sector and academia.
The Conference is committed to promoting effective public participation and efficiency in the rulemaking process by leveraging interactive technologies and encouraging open communication with the public as well as making improvements to the regulatory process by reducing unnecessary litigation, and improving the use of science and the effectiveness of applicable laws. Learn more at www.acus.gov.
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