Rulemaking (Documents)

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For the project report click here: https://www.acus.gov/report/project-report-recommendation-78-4

 

(a) Many federal agencies have authority to issue mandatory health or safety regulations relating to products, materials, processes, practices or services that may be the subjects of voluntary standards...

For the project report click here: https://www.acus.gov/report/project-report-recommendation-77-3

 

In Recommendation 72-5 the Conference expressed the view that, generally, agency rulemaking is preferably carried out through the simple, flexible and efficient procedures of 5 U.S.C. § 553. That statute...

For the project report click here: https://www.acus.gov/report/project-report-recommendation-77-1

 

Congress has by statute occasionally required that certain agency actions be subject to Congressional approval or disapproval before they became effective. Several proposals have now been advanced which...

For the project report click here: https://www.acus.gov/report/project-report-recommendation-76-5

 

Agencies often explain their view of the meaning of statutes or rules by issuing interpretive rules of general applicability, and agencies indicate how they will exercise discretion by announcing...

For the project report click here: https://www.acus.gov/report/project-report-recommendation-76-3

 

The Conference’s Recommendation 72-5 stated that in rulemaking of general applicability involving substantive rules “Congress ordinarily should not impose mandatory procedural requirements other than those...

For the project report click here: https://www.acus.gov/report/project-report-recommendation-75-3

 

This recommendation states criteria for use by the Congress in determining the appropriate forum for judicial review of federal administrative action.

The present forum for the review of most agency...

For the project report click here: https://www.acus.gov/report/project-report-recommendation-74-4

 

With increasing frequency, rules of general applicability adopted by agencies informally pursuant to 5 U.S.C. § 553 are being reviewed by the courts directly, before they are applied to particular persons...

For the project report click here: https://www.acus.gov/report/project-report-recommendation-74-3

 

Although largely unknown to lawyers outside the West, the Department of the Interior’s disposition of mining claims on public lands is a significant field of Federal administrative activity and an...

For the project report click here: https://www.acus.gov/report/project-report-recommendation-74-1

 

The present recommendation implements, and somewhat expands, the statement of principle adopted by the Conference in June 1973 with respect to the American Bar Association’s Resolution No. 10 concerning...