Ex Parte Communications (Documents)

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This redline shows proposed amendments to the Ex Parte Communications in Informal Rulemaking Recommendation for consideration at the 60th Plenary Session.

Informal communications between agency personnel and individual members of the public have traditionally been an important and valuable aspect of informal rulemaking proceedings conducted under section 4 of the Administrative Procedure Act (APA), 5 U.S.C. § 553. Borrowing terminology from the judicial context, these communications are often referred to as “ex parte” contacts....

This memorandum for heads of departments and agencies was issued by the White House on March 4, 1995.  It is cited in Recommendation 2014-4, "Ex Parte" Communications in Informal Rulemaking.

The Office of the Chairman of the Administrative Conference of the United States submitted these comments in response to the EU Ombudsman's call for contributions from the public in connection with an own-initiative inquiry into the composition of Commission expert groups. The comments discuss the history and purposes of the Federal Advisory Committee Act (FACA), which governs the...