The Conference studied procedures and best practices for managing ex parte contacts in the informal rulemaking process. The study examined the propriety of ex parte communications during various stages of the rulemaking process and clarified the agencies’ legal obligations to preserve public participation rights and facilitate judicial review.
At its Plenary Session on June 13-14, 2013, the Administrative Conference of the United States adopted Recommendation 2013-4, concerning the Administrative Record in Informal Rulemaking.
This project examined how agencies use internet-based technologies, particularly their websites, to support rulemaking activities and improve access to e-rulemaking portals. It sought to identify useful innovations and best practices that could be spread to other agencies.
Recommendation 2013-2, Benefit-Cost Analysis at Independent Regulatory Agencies, highlights a series of best practices directed at independent regulatory agencies in the preparation of benefit-cost analyses that accompany proposed and final rules.
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. It also provides for the development of a video hearings handbook by ACUS's Office of the...
The Congressional Review Act (“CRA”) implements a process for Congressional review of agency rules. 5 U.S.C.
Recommendation 2011-7, The Federal Advisory Committee Act—Issues and Proposed Reforms, addresses the issue of whether the Federal Advisory Committee Act (“FACA”) is functioning effectively and efficiently almost 40 years after its enactment. The recommendation offers three sets of proposed revisions to the existing FACA regime to make the law more relevant in light of agency experience with FACA and 21st century technologies.
Recommendation 2011-3, Compliance Standards for Government Contractor Employees—Personal Conflicts of Interest and Use of Certain Non-Public Information, responds to agencies' need to protect integrity and the public interest when they rely on contractors.
Recommendation 2013-7, The GPRA Modernization Act of 2010: Examining Constraints To, and Providing Tools For, Cross-Agency Collaboration, examines perceived and real constraints to cross-agency collaboration under the Government Performance and Results Act (GPRA) Modernization Act and highlights tools available to help agencies collaborate. It offers guidance to help increase transparency, improve information sharing, and facilitate...