Rulemaking (Recommendations)

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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...

Under the Administrative Procedure Act (APA), federal agencies are required to “give . . . interested person[s] the right to petition for the issuance, amendment, or repeal of a rule.”[1]  The statute generally does not establish procedures agencies must observe in connection with petitions for rulemaking.  It does, however, require...

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...

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...