Recommendations (1968 - 1995)

Browse by Tags:

Show tags

Restrictions on post-employment activities of former Government employees may be necessary in order to protect the Government’s interest in confidential information made available to its employees, to guard against the appearance of conflict of interest on the part of its employees, and to minimize the possibility that a departed employee might be able to exert undue influence on the decisions of his former...

  • Adopted on: December 14, 1979

The Conference is aware of recent legislative proposals to terminate numerous ongoing rulemaking and adjudicative proceedings at the Federal Trade Commission.  The Conference takes no position with regard to the merits of those proceedings.  However, the Conference wishes to express its concern about the precedent which would be set by any premature legislative intervention in administrative proceedings.  Such intervention precludes...

The time regulatory agencies take to make decisions is widely criticized. Rate cases—that is, cases in which an agency must consider whether to approve a proposed schedule of charges for particular services—aptly illustrate the need to explore ways of making sound decisions more quickly. Because rate cases differ in kind and complexity, as well as in their immediate and future consequences, subjecting the decision...

For at least two decades the Social Security Administration’s hearings and appeals processes, particularly those for determining disability claims which account for 90 percent of all hearings, have been the subject of study, debate, and critical comment. Suggestions for improvement of these processes abound. It has been proposed that social security hearings be exempted from the formal hearing requirements of the...

Eliminating undue delay in administrative procedures has long been a public concern. Congress addressed the problem in general terms in the Administrative Procedure Act in 1946. Section 6(a) of the original Act required each agency to conclude any matter presented to it “with reasonable dispatch.” Section 10(e)(A) of the Act authorized a reviewing court to enforce this command by compelling agency action “...

(a) Many federal agencies have authority to issue mandatory health or safety regulations relating to products, materials, processes, practices or services that may be the subjects of voluntary standards prepared by non-governmental organizations. Non-governmental standards, though not legally enforceable, have in fact gained wide acceptance and a high degree of observance. Many voluntary standards are developed,...

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 would apply this procedure to all substantive rules issued pursuant to the notice-and-comment procedures of 5 U.S.C. § 553 (which are not subject to 5 U.S.C. §§ 556 and 557). These proposals typically would provide...

A. Jurisdiction and Powers of the Customs Court. The Customs Court has exclusive jurisdiction to review decisions of the Customs Service (1) denying protests of importers relating to certain enumerated matters and (2) rejecting petitions of United States manufacturers, producers or wholesalers to challenge certain actions taken with respect to merchandise imported by others. Actions of the Customs Service...

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 requires publication of notice of proposed rulemaking and provision of opportunity for submission of written comments; additional procedures may be utilized by the agencies as they deem necessary or appropriate....

The Civil Service Retirement Act subjects Federal employees to mandatory retirement at age 70 and upon completion of 15 years service, 5 U.S.C. § 8335 (1970). Under 5 U.S.C. § 8335(c), the President has broad discretionary power to exempt employees from mandatory retirement.

This recommendation takes no position as to whether as a matter of personnel administration a policy of mandatory...

Pages