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

  • 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...

  • Recommendation number: 69-3
  • Adopted on: October 22, 1969

For the project report click here: https://www.acus.gov/report/project-report-recommendation-69-3 

 

Popular demand for the official index digest entitled “Guide to Record Retention Requirements” indicates that a companion piece covering the matter of Federal reporting requirements would serve a public need.

Recommendation

1. Each agency subject to chapter 35, title 44, United States Code, entitled “...

  • Recommendation number: 69-4
  • Adopted on: October 22, 1969

For the project report click here: https://www.acus.gov/report/project-report-recommendation-69-4

 

Currently the Code of Federal Regulations is updated annually by the issuance of some 112 revised books. Many of these books are self-indexing. The usefulness of some books may be greatly impaired by the lack of an analytical subject index.

Recommendation

1. Each agency contributing substantially to the CFR...

  • Recommendation number: 69-5
  • Adopted on: October 22, 1969

For the project report click here: https://www.acus.gov/report/project-report-recommendation-69-5

 

Recommendation

The Federal Aviation Administrator has authority to revoke or suspend the licenses of aviation personnel and training facilities, airworthiness certificates, and other permits related to the operation of aircraft. Present procedures contemplate a full trial-type hearing, if one is desired by the...

  • Recommendation number: 69-6
  • Adopted on: October 22, 1969

For the project report click here: https://www.acus.gov/report/project-report-recommendation-69-6

 

Government agencies which conduct formal or informal rulemaking proceedings or cases of adjudication which directly fix the rights and obligations of private persons (hereafter referred to as “proceedings”)[1] owe a special duty to the individuals affected and to the general public to manage their caseloads as...

  • Recommendation number: 69-7
  • Adopted on: October 22, 1969

For the project report click here: https://www.acus.gov/report/project-report-recommendation-69-7

 

Court decisions, notably Scenic Hudson Preservation Conference v. FPC,[1] have emphasized that in licensing cases the Federal Power Commission must explore and give proper consideration to possible alternatives to the specific plan proposed by the applicant. This principle may in the future be applied to other licensing...

  • Recommendation number: 69-8
  • Adopted on: October 22, 1969

For the project report click here: https://www.acus.gov/report/project-report-recommendation-69-8

 

Recommendation

In order to assure that Federal agencies will have the benefit of the information and opinion that can be supplied by persons whom regulations will affect, the Administrative Procedure Act requires that the public must have opportunity to participate in rulemaking proceedings. The procedures to...

  • Recommendation number: 69-9
  • Adopted on: October 22, 1969

Recommendation

A.  Recruitment and Selection of Hearing Examiners

1. The Civil Service Commission should enlarge the base of recruitment and the number of qualified candidates available for appointment to hearing examiner positions by recognizing trial experience as one basis for qualification.

2. The Civil Service Commission should depart experimentally from the selective certification system as now practiced...

  • Recommendation number: 68-1
  • Adopted on: December 11, 1968

For the project report click here: https://www.acus.gov/report/project-report-recommendation-68-1

 

Administrative hearings of the Federal Government should be conducted in dignified, efficient hearing rooms, appropriate as to size, arrangement, and furnishings. At the present time no central body is responsible for providing or planning the needed facilities. As a particular consequence, administrative hearings often...