Agency Guidance Through Policy Statements

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: 82 Fed. Reg. 61,728, 61,734 (Dec. 29, 2017)

Contacts

Implementation Contact
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Committee: 

Final Recommendation

  • Recommendation number: 2017-5
  • Adopted on: December 14, 2017
  • Committees: Judicial Review

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...

Project Documents

Name Committee Type Date
October 31, 2017 Committee Meeting Agenda Judicial Review Agenda October 26, 2017 Download
October 17, 2017 Committee Meeting Agenda Judicial Review Agenda October 13, 2017 Download
October 2, 2017 Committee Meeting Agenda Judicial Review Agenda September 26, 2017 Download
December 11 2017 Comment from Ron Levin on Interpretive Rules Amendment Member Comment December 13, 2017 Download
December 11 2017 Comment from Carol Ann Siciliano Member Comment December 12, 2017 Download
December 11 2017 Comment from Stephen Williams Member Comment December 12, 2017 Download
December 7 2017 Comment from Robert J. Girouard Judicial Review Member Comment December 7, 2017 Download
December 1 2017 Comment from Peter Strauss Judicial Review Member Comment December 7, 2017 Download
Combined Comments to Third Draft Recommendation--Fischler, Liberman Otis, Morrison Judicial Review Member Comment October 30, 2017 Download
October 30, 2017 Comment from Betty Jo Christian Judicial Review Member Comment October 30, 2017 Download
October 30, 2017 Comments from Gene Scalia Judicial Review Member Comment October 30, 2017 Download
Comments to Third Draft Recommendation -- Lee Liberman Otis and Alan Morrison Judicial Review Member Comment October 27, 2017 Download
October 17, 2017 Comment from Gene Scalia Judicial Review Member Comment October 17, 2017 Download
October 17, 2017 Comment from Jeff Lubbers Judicial Review Member Comment October 17, 2017 Download
October 17, 2017 Comment from Ron Levin Judicial Review Member Comment October 17, 2017 Download
October 16, 2017 Comment from Jay Plager Judicial Review Member Comment October 16, 2017 Download
October 13, 2017 Memo from Ron Levin Judicial Review Member Comment October 13, 2017 Download
October 30, 2017 Comment from James Goodwin Judicial Review Public Comment October 30, 2017 Download
October 16, 2017 Comment from James Goodwin Judicial Review Public Comment October 17, 2017 Download
Agency Guidance Through Policy Statements Judicial Review Recommendation December 22, 2017 Download
Agency Guidance Recommendation - Redlined Judicial Review Recommendation December 12, 2017 Download
Draft Recommendation on Agency Guidance Approved by Committee on Judicial Review Judicial Review Recommendation November 9, 2017 Download
Agency Guidance Third Draft Recommendation Judicial Review Recommendation October 26, 2017 Download
Agency Guidance Second Draft Recommendation Judicial Review Recommendation October 11, 2017 Download
Agency Guidance First Draft Recommendation Judicial Review Recommendation September 26, 2017 Download
Agency Guidance Final Report Judicial Review Report December 1, 2017 Download
Agency Guidance Second Draft Report Judicial Review Report October 13, 2017 Download
Agency Guidance Draft Report Report September 18, 2017 Download

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