Recommendation 2021-7, Public Availability of Inoperative Agency Guidance Documents – provides best practices for maintaining public access to agency guidance documents that are no longer in effect—that is, inoperative. It identifies factors agencies should consider in deciding whether to include certain types of inoperative guidance documents on their websites, outlines steps agencies can take to make it easier for the public to find inoperative guidance documents, and identifies ways that agencies can label and explain the significance of inoperative guidance documents.
Citation: Admin. Conf. of the U.S., Recommendation 2021-7, Public Availability of Inoperative Agency Guidance Documents, 87 Fed. Reg. 1718 (Jan. 12, 2022).
ACUS has long recommended that agencies make their guidance documents publicly available, including on their websites, and label them to indicate whether or not they remain in effect—that is, are operative. This Recommendation provides agencies best practices for maintaining public access to guidance documents that are no longer in effect—that is, are inoperative. Among other things, it recommends:
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