Rulemaking (Recommendations)

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Over the past two decades, the use of guidance—nonbinding statements of interpretation, policy, and advice about implementation—by administrative agencies has prompted significant interest from Congress, executive branch officials, agency officials, and commentators. Most of this attention has been directed to “guidance documents,” freestanding, nonbinding statements of policy and...

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...

For the project report click here: https://www.acus.gov/report/project-report-recommendation-73-5

 

The basic principle of the rulemaking provisions of the Administrative Procedure Act—that an opportunity for public participation fosters the fair and informed exercise of rulemaking authority—is undercut...

For the project report click here: https://www.acus.gov/report/project-report-recommendation-72-5

 

The Administrative Procedure Act, 5 U.S.C. § 553 (1970), provides simple, flexible and efficient procedure for rulemaking, including publication of a notice of proposed rulemaking in the Federal Register,...