Articulation of Agency Policies

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 developing views of the Federal courts.

Recommendation

Agency policies which affect the public should be articulated and made known to the public to the greatest extent feasible.  To this end, each agency which takes actions affecting substantial public or private interests, whether after hearing or through informal action, should, as far as is feasible in the circumstances, state the standards that will guide its determination in various types of agency action, either through published decisions, general rules or policy statements other than rules.  Each such agency from time to time should review its precedents, rules and policy statements to assure that they accurately reflect the agency’s developing experience.  If rulemaking is used for these purposes, each agency should establish and publish general or particular procedures (whether or not such procedures are required by statute) that define the extent and manner of public participation appropriate in the circumstances.

 

Citations:

38 FR 19788 (July 23, 1973)

2 ACUS 24

Citation:

Clagett, Brice McAdoo.  Informal Action, Adjudication, Rule Making:  Some Recent Developments in Federal Administrative Law.  2 ACUS 175 (1973) and 1971 Duke L. J.  51.