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: 71-8
  • Adopted on: December 7, 1971

For the project report click here: https://www.acus.gov/report/project-report-recommendation-71-8

 

Cease-and-desist orders issued by administrative agencies and injunctions obtained by administrative agencies from the federal courts in the enforcement of regulatory statutes have generally been permanent in duration. As a result of this practice, many orders and injunctions now outstanding are decades old. Such...

  • Recommendation number: 71-9
  • Adopted on: December 7, 1971

For the project report click here: https://www.acus.gov/report/project-report-recommendation-71-9

 

Federal agencies annually disburse billions of dollars in grants-in-aid to State and local governments and to private entities to subsidize activities in such areas as welfare, housing, transportation, urban development and renewal, law enforcement, education, pollution control and health. While State and local...

  • Adopted on: May 7, 1971

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

 

A. Agency Structure

The Ash Council recommends that the independent regulatory commissions in the transportation, power, securities and consumer protection fields be transformed into executive agencies headed by single administrators responsible to the President. 

The Conference is not...

  • Recommendation number: 70-1
  • Adopted on: June 3, 1970

For the project report click here: https://www.acus.gov/report/project-report-recommendation-70-1

 

The size and complexity of the Federal Government, coupled with the intricate and technical law concerning official capacity and parties defendant, have given rise to innumerable cases in which a plaintiff’s claim has been dismissed because the United States or one of its agencies or officers lacked capacity to be sued,...

  • Recommendation number: 70-2
  • Adopted on: June 3, 1970

For the project click here: https://www.acus.gov/report/project-report-recommendation-70-2

 

The following recommendations concern the process by which the Division of Corporation Finance of the Securities and Exchange Commission (the “Division”) advises stockholders whether proposed sales of unregistered stock might involve a violation of the Securities Act of 1933 for which the Division would recommend Commission...

  • Recommendation number: 70-3
  • Adopted on: June 3, 1970

For the project report click here: https://www.acus.gov/report/project-report-recommendation-70-3

 

Delays in the administrative process can be avoided by eliminating unnecessary evidentiary hearings where no genuine issue of material fact exists. Each agency having a substantial caseload of formal adjudications should adopt procedures providing for summary judgment or decision, patterned after the following model rule...

  • Recommendation number: 70-4
  • Adopted on: June 3, 1970

For the project report click here: https://www.acus.gov/report/project-report-recommendation-70-4

 

Prehearing discovery in agency adjudication insures that the parties to the proceeding have access to all relevant, unprivileged information prior to the hearing. Its primary objectives include the more expeditious conduct of the hearing itself, the encouragement of settlement between the parties, and greater fairness in...

  • Recommendation number: 70-5
  • Adopted on: June 3, 1970

For the project report click here: https://www.acus.gov/report/project-report-recommendation-70-5

 

1. Criteria for Determining Excessive Profits

The Renegotiation Board should publish in an appropriate form specific information describing the manner in which it applies each of the statutory factors. In the case of statutory factors for which the Board applies quantitative norms, a guide or statement...

  • Recommendation number: 69-1
  • Adopted on: October 22, 1969

For the project report click here: https://www.acus.gov/report/project-report-recommendation-69-1

 

The technical legal defense of sovereign immunity, which the Government may still use in some instances to block suits against it by its citizens regardless of the merit of their claims, has become in large measure unacceptable. Many years ago the United States by statute accepted legal responsibility for contractual...

  • Recommendation number: 69-2
  • Adopted on: October 22, 1969

For the project report click here: https://www.acus.gov/report/project-report-recommendation-69-2

 

The orders of most major independent regulatory agencies normally become enforceable automatically unless challenged in court. The statutory requirement that an order of the NLRB can be made effective only by affirmative action to obtain judicial confirmation of its terms, even when its validity is wholly uncontested, is...