Background: Ex parte communications between interested parties and agency decisionmakers have long been controversial because they raise the possibility, or at least the appearance, of undue influence and parallel nonpublic dockets in administrative decisionmaking. In informal rulemaking conducted under Section 553 of the Administrative Procedure Act (APA), however, ex parte communications are permitted so long as agencies...
The Government in the Sunshine Act, 5 U.S.C. § 552b, generally requires multi-member federal agencies (e.g., FCC, SEC) to hold their meetings in public and to give advance public notice of their meetings. The goal of the Sunshine Act is to promote public access to information about the decision-making processes of the federal government and to improve those processes by exposing them to public view.
Background Information: One of the Conference’s most important prior achievements was its role in encouraging federal agencies to make use of alternative dispute resolution (“ADR”). The Conference played a key role in the enactment of the Administrative Dispute Resolution Act and the Negotiated Rulemaking Act.* The Conference also issued publications and conducted seminars and training sessions to promote ADR.
Background Information: The year 2012 saw the highest number of requests under the Freedom of Information Act (FOIA), 5 U.S.C.
Periodic review of existing federal regulations is essential to a well-functioning regulatory system. Such reviews, among other things, are an essential tool for ensuring that existing regulations meet regulatory objectives without imposing undue burdens, that they have not been rendered obsolete by changing technology or market conditions, and that they do not require modification to address newly-identified regulatory gaps.