Recommendation 2017-5 – Agency Guidance Through Policy Statements, formerly titled Agency Guidance, provides best practices to agencies on the formulation and use of policy statements. It lists steps that agencies can take to remain flexible in their use of policy statements and to encourage, when appropriate, public participation in the adoption or modification of policy statements.
Citation: Admin. Conf. of the U.S., Recommendation 2017-5, Agency Guidance Through Policy Statements, 82 Fed. Reg. 61734 (Dec. 29, 2017).
General statements of policy under the Administrative Procedure Act (hereinafter policy statements) are agency statements of general applicability, not binding on members of the public, “issued . . . to advise the public prospectively of the manner in which the agency proposes to exercise a discretionary power.”[1] Interpretive rules are defined as rules or “statements issued by an agency to advise the public of the agency’s...
A 2018 Justice Department policy prohibits attorneys from using guidance documents to establish violations of law.
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