Recommendations | Page 28 | 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 Immigration and Naturalization Service in Respect to Change-of-Status Applications

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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...

Public Participation in Administrative Hearings

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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...

Rulemaking on a Record by the Food and Drug Administration

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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...

Modification and Dissolution of Orders and Injunctions

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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...

Enforcement of Standards in Federal Grant-in-Aid Programs

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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...

Statement #1: Views of the Administrative Conference on the "Report on Selected Independent Regulatory Agencies" of the President's Advisory Council on Executive Organization

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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...

Parties Defendant

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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,...

SEC No-Action Letters Under Section 4 of the Securities Act of 1933

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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...

Summary Decision in Agency Adjudication

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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...

Discovery in Agency Adjudication

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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...