Recommendations (1968 - 1995)

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1. Criteria for Determining Excessive Profits

The Renegotiation Board should publish in an appropriate form specific information describing the manner in which it applies each of the statutory factors. In the case of statutory factors for which the Board applies quantitative norms, a guide or statement specifically describing those norms should be published. In the case of statutory...

The technical legal defense of sovereign immunity, which the Government may still use in some instances to block suits against it by its citizens regardless of the merit of their claims, has become in large measure unacceptable. Many years ago the United States by statute accepted legal responsibility for contractual liability and for various types of misconduct by its employees. The “doctrine of sovereign...

The orders of most major independent regulatory agencies normally become enforceable automatically unless challenged in court. The statutory requirement that an order of the NLRB can be made effective only by affirmative action to obtain judicial confirmation of its terms, even when its validity is wholly uncontested, is contrary to efficient law enforcement. The Administrative Conference of 1961-62 urged that...

Popular demand for the official index digest entitled “Guide to Record Retention Requirements” indicates that a companion piece covering the matter of Federal reporting requirements would serve a public need.

Recommendation

1. Each agency subject to chapter 35, title 44, United States Code, entitled “Coordination of Federal Reporting Services,” should make...

Currently the Code of Federal Regulations is updated annually by the issuance of some 112 revised books. Many of these books are self-indexing. The usefulness of some books may be greatly impaired by the lack of an analytical subject index.

Recommendation

1. Each agency contributing substantially to the CFR should review its materials and (a) determine what books...

Recommendation

The Federal Aviation Administrator has authority to revoke or suspend the licenses of aviation personnel and training facilities, airworthiness certificates, and other permits related to the operation of aircraft. Present procedures contemplate a full trial-type hearing, if one is desired by the respondent, before the Administrator issues an order of suspension or...

Government agencies which conduct formal or informal rulemaking proceedings or cases of adjudication which directly fix the rights and obligations of private persons (hereafter referred to as “proceedings”)[1] owe a special duty to the individuals affected and to the general public to manage their caseloads as efficiently as possible, to eliminate inordinate delays in the conduct of proceedings, and to work...

Court decisions, notably Scenic Hudson Preservation Conference v. FPC,[1] have emphasized that in licensing cases the Federal Power Commission must explore and give proper consideration to possible alternatives to the specific plan proposed by the applicant. This principle may in the future be applied to other licensing agencies. Since the range of possible alternatives in any case can be extensive and in some...

Recommendation

In order to assure that Federal agencies will have the benefit of the information and opinion that can be supplied by persons whom regulations will affect, the Administrative Procedure Act requires that the public must have opportunity to participate in rulemaking proceedings. The procedures to assure this opportunity are not required by law, however, when rules are...

Recommendation

A.  Recruitment and Selection of Hearing Examiners

1. The Civil Service Commission should enlarge the base of recruitment and the number of qualified candidates available for appointment to hearing examiner positions by recognizing trial experience as one basis for qualification.

2. The Civil Service Commission should...

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