Completed Projects

Committee:

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.  

Office of the Chairman Project

The Model Adjudication Rules are designed for use by federal agencies to amend or develop their procedural rules for all stages of administrative adjudication. Numerous agencies have relied on the Model Rules to improve existing adjudicative schemes, and new agencies, like the Consumer Financial Protection Bureau, have relied on them to design their procedures.

Committee:

Recommendation 2017-2 – Negotiated Rulemaking and Other Options for Public Engagement offers best practices to agencies for choosing among several possible methods—among them negotiated rulemaking—for engaging the public in agency rulemakings. It also offers best practices to agencies that choose negotiated rulemaking on how to structure their processes to enhance the probability of success.

Recommendation 2012-4 – Paperwork Reduction Act addresses a variety of issues that have arisen since the Act was last revised in 1995, including those arising from the emergence of new technologies. The recommendation offers suggestions for improving public engagement in the review of information collection requests and for making the process more efficient for federal agencies and OMB. 

Committee:

Recommendation 2018-1 – Paperwork Reduction Act Efficiencies encourages collaboration between the Office of Information and Regulatory Affairs and federal agencies to maximize opportunities for making the information collection clearance process under the Paperwork Reduction Act more efficient, while still maintaining its integrity. The recommendation encourages using generic clearances and common forms more...

Committee:

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.

Committee:

Recommendation 2017-3 – Plain Language in Regulatory Drafting identifies tools and techniques agencies have used successfully to write regulatory documents (including rulemaking preambles and guidance documents) using plain language, proposes best practices for agencies in structuring their internal drafting processes, and suggests ways agencies can best use trainings and other informational resources.

Committee:

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...

Committee:

Recommendation 2020-2, Protected Materials in Public Rulemaking Dockets  offers agencies best practices for protecting sensitive personal and confidential commercial information in public rulemaking dockets. It identifies, in particular, best practices for agencies to use when redacting, summarizing, and aggregating comments that contain such information.

Recommendation 2018-5 Public Availability of Adjudication Rules offers best practices to optimize agencies’ online presentations of procedural rules governing adjudications.