Negotiations among persons representing diverse interests have proven to be effective in some cases in developing proposals for agency rules. In 1982, the Administrative Conference of the United States adopted Recommendation 82-4, 1 CFR § 305.82-4, encouraging the use of negotiated rulemaking by federal agencies in appropriate situations....
Public Participation (Documents)
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- Publication Date: February 28, 2012
- Tags: Dispute Resolution, Mediation, Negotiated Rulemaking, Public Participation, Regulatory Negotiation, Rulemaking
- Publication Date: February 28, 2012
- Tags: Advisory Committees, Interagency Coordination, Public Participation, Risk Assessment, Science
The following recommendations broadly address the procedures by which federal agencies identify, evaluate, and regulate substances that pose a potential risk of human cancer. For many years these regulatory activities have been among the most controversial engaged in by federal agencies. They implicate important health and economic values and...
- Publication Date: February 28, 2012
- Tags: Clean Air Act (CAA), Congress, Environmental Law, Interagency Coordination, National Environmental Policy Act (NEPA), Public Participation
Major industrial development projects often have significant environmental effects and require permit approvals and preparation of environmental reviews by agencies under legislation such as the National Environmental Policy Act (NEPA) and the Clean Air Act. Although governmental permitting and review processes—...
- Publication Date: February 28, 2012
- Tags: Congress, Dispute Resolution, Mediation, Negotiated Rulemaking, Public Participation, Regulatory Negotiation, Rulemaking
The complexity of government regulation has increased greatly compared to that which existed when the Administrative Procedure Act was enacted, and this complexity has been accompanied by a formalization of the rulemaking process beyond the brief, expeditious notice and comment procedures envisioned by section 553 of the APA. Procedures in addition...
- Publication Date: September 6, 2012
- Tags: Ex Parte Communications, Formal Rulemaking, Hearings, Public Participation, Rulemaking
The Federal Food, Drug and Cosmetic Act requires the Food and Drug Administration (FDA) to hold a formal evidentiary hearing in connection with promulgation of certain types of rules of general applicability. Detailed findings of fact based solely on the record must accompany the regulations, and such findings are subject to judicial review on a substantial evidence test....
- Publication Date: September 6, 2012
- Tags: Adjudication, Hearings, Public Participation, Rulemaking, Trial-type Procedures
Individuals and citizen organizations, often representing those without a direct economic or personal stake in the outcome, are increasingly seeking to participate in administrative hearings. Their concern is to protect interests and present views not otherwise adequately represented in the proceedings. Agencies are exposed to the views of their staffs, whose positions...
- Publication Date: October 25, 2012
- Tags: Administrative Procedure Act (APA), Congress, Public Participation, Rulemaking
Recommendation
In order to assure that Federal agencies will have the benefit of the information and opinion that can be supplied by persons whom regulations will affect, the Administrative Procedure Act requires that the public must have opportunity to participate in rulemaking proceedings. The procedures to assure this opportunity...
- Publication Date: December 19, 2012
- Tags: Administrative Procedure Act (APA), E-Rulemaking, Public Participation, Rulemaking
- Committees: Regulation
- Publication Date: December 31, 2012
- Tags: Administrative Procedure Act (APA), E-Rulemaking, Electronic Records Management, Judicial Review, Public Participation, Records Management, Rulemaking
- Committees: Regulation
- Publication Date: December 31, 2012
- Tags: Administrative Procedure Act (APA), E-Rulemaking, Electronic Records Management, Judicial Review, Public Participation, Records Management, Rulemaking
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