Agency Guidance Through Interpretive Rules

This project addresses the extent to which the best practices for policy statements adopted in Recommendation 2017-5, Agency Guidance Through Policy Statements, should extend to interpretive rules. The project examines the legal differences, if any, between policy statements and interpretive rules and the extent to which agencies treat the two instruments as distinct. It explores whether and how Recommendation 2017-5’s best practices for policy statements (including enhanced transparency, increased public participation, and explicit identification of guidance as non-binding) should apply to interpretive rules and, if not, what best practices should agencies follow in the case of interpretive rules.

Contacts

Staff Counsel
202.480.2097
trubin@acus.gov
0
Committee: 

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
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 4 18 2019 CLEAN Judicial Review Recommendation April 17, 2019 Download
Interpretive Rules Recommendation for Committee 3 25 2019 COMMITTEE EDITED VERSION 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

Committee Meetings & Events

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