Rulemaking (Recommendations)

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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,...

For the project report click here: https://www.acus.gov/report/project-report-recommendation-71-7

 

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...

For the project report click here: https://www.acus.gov/report/project-report-recommendation-71-6

 

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...

For the project report click here: https://www.acus.gov/report/project-report-recommendation-80-1

 

The Magnuson-Moss Warranty—Federal Trade Commission Improvement Act of 1975, Pub. L. 93-637, established special procedures for the adoption of trade regulation rules by the Federal Trade Commission. The...

For the project report click here: https://www.acus.gov/report/project-report-recommendation-71-3

 

Agencies of the Federal Government should strive to act on the basis of articulated policies and standards. Concerns of good government and efficient management support this general principle, as do the...

For the project report click here: https://www.acus.gov/report/project-report-recommendation-80-6

 

(a) The growing complexity and scope of government regulation resulting from informal rulemaking proceedings have increased the importance of communication and coordination among agencies. Because the...