Learning from Regulatory Experience

Recommendation 2017-6 – Learning from Regulatory Experience, formerly titled Regulatory Experimentation, offers advice to agencies on learning from different regulatory approaches. It encourages agencies to collect data, conduct analysis at all stages of the rulemaking lifecycle (from pre-rule analysis to retrospective review), and solicit public input at appropriate points in the process.

82 Fed. Reg. 61728, 61738 (Dec. 29, 2017)

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Committee: 

Final Recommendation

  • Recommendation number: 2017-6
  • Adopted on: December 15, 2017
  • Committees: Rulemaking

Making sound regulatory decisions demands information and analysis.  Several Administrative Conference recommendations encourage agencies to gather data when making new rules and when reviewing existing rules.[1]  These recommendations reinforce analytic demands imposed on agencies by legislation,[2] executive orders,[3] and judicial decisions.[4]

Agencies need information about the problems that new rules will address, such...

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