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.
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.
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...
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.
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.
The ABA’s House of Delegates recently approved Resolution 106B. The Resolution proposes various reforms to the rulemaking provisions of the APA, many of which embrace principles endorsed in past ACUS recommendations. This project identifies points of overlap, and offers the Conference’s views on non-overlapping portions of the Resolution.
Recommendation 2015-2 - Technical Assistance by Federal Agencies in the Legislative Process offers best practices for agencies when providing Congress with technical drafting assistance. It is intended to apply to situations in which Congress originates the draft legislation and asks an agency to review and provide expert technical feedback on the draft without necessarily taking an official substantive position.