Rulemaking

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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 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 2011-1 – Legal Considerations in e-Rulemaking addresses legal issues associated with e-rulemaking and recommends best practices in dealing with them.  These include whether agencies can require electronic filing, how they should address copyright and privacy concerns, whether and under what framework they can solicit comments through social media, and whether any amendments to the Administrative...

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Recommendation 2012-2 – Midnight Rules addresses several issues raised by the publication of rules in the final months of a presidential administration and offers proposals for limiting the practice by incumbent administrations and enhancing the powers of incoming administrations to review midnight rules.  

 

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Recommendation 2014-6 – Petitions for Rulemaking identifies agency procedures and best practices for accepting, processing, and responding to petitions for rulemaking. It seeks to ensure that the public's right to petition is a meaningful one, while still respecting the need for agencies to retain decisional autonomy.

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Recommendation 2013-5 – Social Media in Rulemaking addresses the various policy and legal issues agencies face when using social media in rulemaking.  The study examined whether and when agencies should use social media to support rulemaking activities.  It also seeks to identify relevant issues, define applicable legal and policy constraints on agency action, resolve legal uncertainty to the greatest extent...