Recommendations | Page 29 | 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.

Practices and Procedures Under the Renegotiation Act of 1951

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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...

Statutory Reform of the Sovereign Immunity Doctrine

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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...

Judicial Enforcement of Orders of the National Labor Relations Board

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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...

Publication of a "Guide to Federal Reporting Requirements"

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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 “...

Analytical Subject-Indexes to Selected Volumes of the Code of Federal Regulations

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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...

Elimination of Duplicative Hearings in FAA Safety De-certification Cases

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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...

Compilation of Statistics on Administrative Proceedings by Federal Departments and Agencies

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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...

Consideration of Alternatives in Licensing Procedures

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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...

Elimination of Certain Exemptions from the APA Rulemaking Requirements

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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...

Recruitment and Selection of Hearing Examiners; Continuing Training for Government Attorneys and Hearing Examiners; Creation of a Center for Continuing Legal Education in Government

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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...