Rulemaking (Past Projects)

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Recommendation 2014-4 – “Ex Parte” Communications in Informal Rulemaking provides guidance and best practices to agencies for managing "ex parte" communications between agency personnel and nongovernmental interested persons regarding the substance of informal rulemaking proceedings conducted under 5 U.S.C. § 553.  

Recommendation 2014-3Guidance in the Rulemaking Process identifies best practices for agencies when providing guidance in preambles to final rules.  It suggests ways that agencies can improve the drafting and presentation of these preambles, including making it easier to identify any guidance content.  The recommendation also urges agencies to ensure that...

Recommendation 2012-8 – Inflation Adjustment for Civil Penalties addresses agency adjustments to civil monetary penalties under the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. 2461 note). The recommendation urges Congress to change the current statutory framework by which agencies periodically adjust their penalties to address three provisions that...

Committee:

Recommendation 2011-1 – Legal Considerations in e-Rulemaking addresses legal issues associated with e-rulemaking and recommends best practices in dealing with them.  These include whether agencies can require electronic filing, how they should address copyright and privacy concerns, whether and under what framework they can solicit comments through social media, and...

Committee:

Recommendation 2014-6 – Petitions for Rulemaking identifies agency procedures and best practices for accepting, processing, and responding to petitions for rulemaking. It seeks to ensure that the public's right to petition is a meaningful one, while still respecting the need for agencies to retain decisional autonomy. Building upon ACUS’ previous work on the subject,...

Committee:

Recommendation 2014-5 - Retrospective Review of Agency Rules, examines agencies’ procedures for reanalyzing and amending existing regulations and offers recommendations designed to promote a culture of retrospective review at agencies.  Among other things, it urges agencies to plan for retrospective review when drafting new regulations; highlights...

Committee:

Recommendation 2011-2 – Rulemaking Comments addresses certain best practices for agencies to consider in conducting the “comment” aspect of traditional notice-and-comment rulemaking under the Administrative Procedure Act. The recommendation addresses a possible minimum period for comments, standards for extension of the comment period, availability of comments to the...

Committee:

Recommendation 2013-5 – Social Media in Rulemaking addresses the various policy and legal issues agencies face when using social media in rulemaking.  The study examined whether and when agencies should use social media to support rulemaking activities.  It also seeks to identify relevant issues, define applicable legal and policy constraints on agency action, resolve...