Rulemaking (Recommendations)

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Redline showing proposed amendments for discussion at the 59th Plenary Session.

For the project report click here: https://www.acus.gov/report/project-report-recommendation-82-4

 

The complexity of government regulation has increased greatly compared to that which existed when the Administrative Procedure Act was enacted, and this complexity has been accompanied by a formalization...

In the last decade, the notice-and-comment rulemaking process has changed from a paper process to an electronic one.  Many anticipated that this transition to “e-Rulemaking”[1] would precipitate a “revolution,” making rulemaking not just more efficient, but also more broadly participatory, democratic, and dialogic.  But these grand...

For the project report click here: https://www.acus.gov/report/project-report-recommendation-86-6

 

The Administrative Procedure Act (APA) requires each federal agency to give interested persons the right to petition for the issuance, amendment, or repeal of a rule, 5 U.S.C. § 553(e). The APA also...

This draft recommendation, Ex Parte Communications in Informal Rulemaking, will be discussed at the Committee on Rulemaking's April 10, 2014 meeting.

For the project report click here: https://www.acus.gov/report/project-report-recommendation-87-10

 

This is the second of two recommendations adopted by the Administrative Conference this year on Occupational Safety and Health Administration (OSHA) regulation. In its first recommendation,...

This Proposed Recommendation on "Ex Parte" Communications in Informal Rulemaking was approved by the Committee on Rulemaking and will be considered by the Assembly at the 60th Plenary Session on June 5-6, 2014.

For the project report click here: https://www.acus.gov/report/project-report-recommendation-87-1

 

The Administrative Conference has undertaken a study of the rulemaking process at the Occupational Safety and Health Administration. It is recognized that OSHA’s mandate to regulate any substance or hazard...

This redline shows proposed amendments to the Ex Parte Communications in Informal Rulemaking Recommendation for consideration at the 60th Plenary Session.

Informal communications between agency personnel and individual members of the public have traditionally been an important and valuable aspect of informal rulemaking proceedings conducted under section 4 of the Administrative Procedure Act (APA), 5 U.S.C. § 553. Borrowing terminology from the judicial context, these communications are often referred to as “ex parte” contacts....