Recommendations

The main statutory function of ACUS is to bring together the public and private sectors to recommend improvements to administrative and regulatory processes.

ACUS’s Office of the Chairman, with the approval of the Council, engages consultants to study administrative processes or procedures that may need improvement. Consultants or in-house staff then prepare a comprehensive research report proposing recommendations.  An ACUS committee discusses this report, preparing a draft Recommendation to submit to the Council and, with approval, to the Assembly.  Following a debate the Assembly adopts the final Recommendation, which ACUS undertakes to implement.

                                                                               ACUS Recommendation Process

On occasion, the ACUS membership has acted to adopt a “Statement” to express its views on a particular matter without making a formal recommendation on the subject.  ACUS statements are typically the product of the same process that leads to recommendations, but may set forth issues, conclusions from a study, or comments, rather than recommendations.  ACUS has adopted 19 such statements, which are included in the searchable database of recommendations.

  • Recommendation number: 72-6
  • Adopted on: December 14, 1972

For the project report click here: https://www.acus.gov/report/project-report-recommendation-72-6

 

Federal administrative agencies enforce many statutory provisions and administrative regulations for violation of which fixed or variable civil money penalties may be imposed.[1] During Fiscal 1971, seven executive departments and thirteen independent agencies collected well in excess of $10 million, in over 15,000 cases...

  • Recommendation number: 72-7
  • Adopted on: December 15, 1972

For the project report click here: https://www.acus.gov/report/project-report-recommendation-72-7

 

Section 10(b)(3) of the Military Selective Service Act, 50 U.S.C. App. § 460(b)(3) (1970), in terms forbids judicial review of administrative determinations relating to the classification and processing of Selective Service registrants, except as incident to criminal prosecutions. In fact, the writ of habeas corpus is...

  • Recommendation number: 72-8
  • Adopted on: December 15, 1972

For the project report click here: https://www.acus.gov/report/project-report-recommendation-72-8

 

A critical part of the mission of the Administrative Conference is to study the processes of government to assure the full protection of the rights of private citizens, including the rights of federal employees. At the same time, the Conference is equally concerned about assisting government agencies to devise and...

  • Recommendation number: 71-1
  • Adopted on: May 7, 1971

For the project report click here: https://www.acus.gov/report/project-report-recommendation-71-1

 

Interlocutory appeal procedures for agency review of rulings by presiding officers must balance the advantages derived from intermediate correction of an erroneous ruling against interruption of the hearing process and other costs of piecemeal review. Striking an appropriate balance between these competing concerns...

  • Recommendation number: 71-2
  • Adopted on: May 7, 1971

For the project report click here: https://www.acus.gov/report/project-report-recommendation-71-2

 

The Freedom of Information Act, 5 U.S.C. § 552, expresses important policies with respect to the availability to the public of records of Federal agencies. To achieve free access to and prompt production of identifiable government records in accordance with the terms and policies of the Act, each agency[1] should conform...

  • Recommendation number: 71-3
  • Adopted on: May 8, 1971

For the project report click here: https://www.acus.gov/report/project-report-recommendation-71-3

 

Agencies of the Federal Government should strive to act on the basis of articulated policies and standards. Concerns of good government and efficient management support this general principle, as do the developing views of the Federal courts.

Recommendation

Agency policies which affect the public should be...

  • Recommendation number: 71-4
  • Adopted on: May 8, 1971

For the project report click here: https://www.acus.gov/report/project-report-recommendation-71-4

 

Agencies that administer grant programs employ disparate and sometimes inadequate procedures in notifying applicants of available funds, stating policies for award of grants, informing applicants of actions taken on applications, and other matters. Adoption of more uniform, minimum procedures would be helpful to the...

  • Recommendation number: 71-5
  • Adopted on: December 6, 1971

For the project report click here: https://www.acus.gov/report/project-report-recommendation-71-5

 

Section 245 of the Immigration and Nationality Act, 8 U.S.C. § 1255 (1970), provides that an alien who meets all requirements for admission as an immigrant may have his status adjusted “by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for...

  • Recommendation number: 71-6
  • Adopted on: December 7, 1971

For the project report click here: https://www.acus.gov/report/project-report-recommendation-71-6

 

Individuals and citizen organizations, often representing those without a direct economic or personal stake in the outcome, are increasingly seeking to participate in administrative hearings. Their concern is to protect interests and present views not otherwise adequately represented in the proceedings. Agencies are...

  • Recommendation number: 71-7
  • Adopted on: December 7, 1971

For the project report click here: https://www.acus.gov/report/project-report-recommendation-71-7

 

The Federal Food, Drug and Cosmetic Act requires the Food and Drug Administration (FDA) to hold a formal evidentiary hearing in connection with promulgation of certain types of rules of general applicability. Detailed findings of fact based solely on the record must accompany the regulations, and such findings are...