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.
Regulation
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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.
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Recommendation 2014-2 – Government in the Sunshine Act highlights best practices designed to enhance transparency of decision making at multi-member boards and commissions subject to the Government in the Sunshine Act. The recommendation urges covered agencies to provide a description of the primary mechanisms for conducting business, describe substantive business disposed of outside of open meetings...
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Statement #18 – Improving the Timeliness of OIRA Regulatory Review (Adopted December 6, 2013) highlights potential mechanisms for improving review times of rules under review by the Office of Information and Regulatory Affairs (OIRA), including promoting enhanced coordination between OIRA and agencies prior to the submission of rules, encouraging increased transparency concerning the reasons for delayed reviews, and...
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Recommendation 2011-6 – International Regulatory Cooperation addresses how U.S. regulators can interact with foreign authorities to accomplish their domestic regulatory missions and eliminate unnecessary non-tariff barriers to trade. The project updates Administrative Conference Recommendation 91-1, Federal Agency Cooperation with Foreign Government Regulators.
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Recommendation 2015-1 - Promoting Accuracy and Transparency in the Unified Agenda offers proposals for improving the accuracy and transparency of the Unified Agenda of Federal Regulatory and Deregulatory Actions. Among other things, it urges agencies to consider providing relevant updates between Agenda reporting periods, offers recommendations for ensuring that Agenda entries are properly categorized by projected...
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Recommendation 2010-1 – Regulatory Preemption addresses agency procedures for determining whether to preempt state law.
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Recommendation 2014-5 - Retrospective Review of Agency Rules, examines agencies’ procedures for reanalyzing and amending existing regulations and offers recommendations designed to promote a culture of retrospective review at agencies. Among other things, it urges agencies to plan for retrospective review when drafting new regulations; highlights considerations germane to selecting regulations for...
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Recommendation 2012-1 – Regulatory Analysis Requirements addresses the issue of agencies having to comply with numerous regulatory analysis requirements created by statute and executive orders. The recommendation is supported by an extensive report that includes an appendix charting all of the regulatory analysis requirements of the 100 major rules subject to OMB review in 2010.
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Recommendation 2011-2 – Rulemaking Comments addresses certain best practices for agencies to consider in conducting the “comment” aspect of traditional notice-and-comment rulemaking under the Administrative Procedure Act.