Past Projects

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Recommendation 2014-4 – “Ex Parte” Communications in Informal Rulemaking provides guidance and best practices to agencies for managing "ex parte" communications between agency personnel and nongovernmental interested persons regarding the substance of informal rulemaking proceedings conducted under 5 U.S.C. § 553.  

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Recommendation 2013-4 – Administrative Record in Informal Rulemaking offers best practices for agencies in the compilation, preservation, and certification of records in informal rulemaking, and it supports the judicial presumption of regularity for agency administrative records except in certain limited circumstances.  

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Recommendation 2011-8 – Agency Innovations in e-Rulemaking addresses ways in which agency innovations and best practices can engage the public in rulemaking activities at low cost to the government.  

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Recommendation 2013-2 – Cost-Benefit Analysis highlights a series of best practices directed at independent regulatory agencies in the preparation of benefit-cost analyses that accompany proposed and final rules.  

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Recommendation 2014-7 – Best Practices for Using Video Teleconferencing for Hearings offers practical guidance regarding how best to conduct video hearings, and addresses the following subjects: Equipment and environment, training, financial considerations, procedural practices, fairness and satisfaction, and collaboration among agencies.

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The Congressional Review Act (“CRA”) implements a process for Congressional review of agency rules.  5 U.S.C.

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Recommendation 2015-3 - Declaratory Orders identifies contexts in which agencies should consider the use of declaratory orders in administrative adjudications.

Recommendation 2011-7 – FACA in the 21st Century addresses the administrative load imposed by Federal Advisory Committee Act (FACA) and offers proposals to Congress, the General Services Administration, and agencies that use advisory committees, to alleviate certain procedural burdens associated with the existing regime, clarify the scope of the Act, and enhance the transparency and objectivity of the...

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Recommendation 2015-4 - Designing Federal Permitting Programs describes different types of permitting systems and provides factors for agencies to consider when designing or reviewing permitting programs.

Recommendation 2011-3 – Government Contractor Ethics addresses the increasing use of contractors in government and asks the Federal Acquisition Regulation Council to adopt revisions regarding compliance standards for government contractor employees relating to personal conflicts of interest and use of certain non-public information.  In February 2013, the American Bar Association’s House of Delegates adopted a...

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