Agency Guidance Through Interpretive Rules

Recommendation 2019-1 – Agency Guidance Through Interpretive Rules identifies ways agencies can offer the public the opportunity to propose alternative approaches to those presented in an interpretive rule and to encourage, when appropriate, public participation in the adoption or modification of interpretive rules. It largely extends the best practices for statements of policy adopted in Recommendation 2017-5, Agency Guidance Through Policy Statements, to interpretive rules, with appropriate modifications to account for differences between interpretive rules and policy statements.

Citation: Admin. Conf. of the U.S., Recommendation 2019-1, Agency Guidance Through Interpretive Rules, 84 Fed. Reg. 38,927 (Aug. 8, 2019).

Contacts

Implementation Contact
202.480.2097
trubin@acus.gov
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Committee: 

Final Recommendation

  • Recommendation number: 2019-1
  • Adopted on: June 13, 2019
  • Committees: Judicial Review

The Administrative Procedure Act (APA) exempts policy statements and interpretive[1] rules from its requirements for the issuance of legislative rules, including notice and comment.[2] The Attorney General’s Manual on the Administrative Procedure Act defines “general statements of policy” as agency statements “issued . . . to advise the public prospectively of the manner in which the agency proposes to exercise a discretionary power...

Project Documents

Name Committee Type Date
Agenda for Committee Meeting 4 1 2019 Judicial Review Agenda March 27, 2019 Download
Member Comment Alan B. Morrison 6 4 2019 Judicial Review Member Comment June 10, 2019 Download
Comment from Nick Parrillo 4 17 2019 Judicial Review Member Comment April 17, 2019 Download
Comment from Alan Morrison 4 16 2019 Judicial Review Member Comment April 16, 2019 Download
Comment from Andrew Vollmer 4 5 2019 Judicial Review Member Comment April 9, 2019 Download
Comment from Ron Levin and Blake Emerson 3 31 2019 Judicial Review Member Comment March 31, 2019 Download
Comment from Jonathan Siegel March 29, 2019 Judicial Review Member Comment March 29, 2019 Download
Emerson Levin Memo for Committee on Judicial Review Judicial Review Memorandum April 17, 2019 Download
Public Comment Terrie Barrie Judicial Review Public Comment June 10, 2019 Download
Agency Guidance Through Interpretive Rules Judicial Review Recommendation August 8, 2019 Download
Proposed Recommendation on Agency Guidance Through Interpretive Rules CLEAN FOR PLENARY Judicial Review Recommendation June 11, 2019 Download
Interpretive Rules Recommendation for Plenary Session REDLINE Judicial Review Recommendation June 10, 2019 Download
Agency Guidance Through Interpretive Rules Proposed Recommendation from Committee Judicial Review Recommendation May 20, 2019 Download
Interpretive Rules Recommendation for Committee 3 25 2019 COMMITTEE EDITED VERSION Judicial Review Recommendation April 17, 2019 Download
Interpretive Rules Recommendation for Committee 4 18 2019 CLEAN Judicial Review Recommendation April 17, 2019 Download
Draft Recommendation on Interpretive Rules for Committee Meeting 4 1 2019 Judicial Review Recommendation March 27, 2019 Download
Agency Guidance Through Interpretive Rules: Final Report Judicial Review Report May 28, 2019 Download
Draft Report on Agency Guidance through Interpretive Rules Judicial Review Report March 11, 2019 Download

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