Recommendations | Page 27 | Administrative Conference of the United States

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.

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 20 such statements, which are included in the searchable database of recommendations.

Procedures of the United States Board of Parole

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Recommendation number: 72-3
Adopted on: June 9, 1972

For the project report click here: https://www.acus.gov/report/project-report-recommendation-72-3

The U.S. Board of Parole consists of eight members and employs a staff of eight examiners. It conducts about 17,000 proceedings a year relating to the grant or denial of parole, involving about 12,000 prison interviews, and close to 2,000 proceedings relating to the revocation or continuation of parole. The Board...

Suspension and Negotiation of Rate Proposals by Federal Regulatory Agencies

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Recommendation number: 72-4
Adopted on: June 9, 1972

For the project report click here: https://www.acus.gov/report/project-report-recommendation-72-4

The determinations of the Civil Aeronautics Board, Federal Communications Commission, Federal Power Commission, and Interstate Commerce Commission, whether to exercise or refrain from exercising their power to suspend and investigate newly filed rate proposals, are of great importance to regulated companies, their...

Procedures for the Adoption of Rules of General Applicability

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Recommendation number: 72-5
Adopted on: December 14, 1972

For the project report click here: https://www.acus.gov/report/project-report-recommendation-72-5

The Administrative Procedure Act, 5 U.S.C. § 553 (1970), provides simple, flexible and efficient procedure for rulemaking, including publication of a notice of proposed rulemaking in the Federal Register, opportunity for submission of written comments, and opportunity in the discretion of the agency for oral presentation...

Civil Money Penalties as a Sanction

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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...

Preinduction Review of Selective Service Classification Orders and Related Procedural Matters

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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...

Adverse Actions Against Federal Employees

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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...

Interlocutory Appeal Procedures

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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...

Principles and Guidelines for Implementation of the Freedom of Information Act

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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...

Articulation of Agency Policies

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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...

Minimum Procedures for Agencies Administering Discretionary Grant Programs

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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...