The Administrative Procedure Act, 5 U.S.C. § 553 (1970), provides simple, flexible and efficient procedure for rulemaking, including publication of a notice of proposed rulemaking in the Federal Register, opportunity for submission of written comments, and opportunity in the discretion of the agency for oral presentation. This notice-and-comment rulemaking procedure is...
Rulemaking (Documents)
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- Publication Date: August 28, 2012
- Tags: Administrative Procedure Act (APA), Congress, Rulemaking, Trial-type Procedures
- Publication Date: September 6, 2012
- Tags: Ex Parte Communications, Formal Rulemaking, Hearings, Public Participation, Rulemaking
The Federal Food, Drug and Cosmetic Act requires the Food and Drug Administration (FDA) to hold a formal evidentiary hearing in connection with promulgation of certain types of rules of general applicability. Detailed findings of fact based solely on the record must accompany the regulations, and such findings are subject to judicial review on a substantial evidence test....
- Publication Date: September 6, 2012
- Tags: Adjudication, Hearings, Intervenors, Public Participation, Rulemaking, Trial-type Procedures
Individuals and citizen organizations, often representing those without a direct economic or personal stake in the outcome, are increasingly seeking to participate in administrative hearings. Their concern is to protect interests and present views not otherwise adequately represented in the proceedings. Agencies are exposed to the views of their staffs, whose positions...
- Publication Date: September 6, 2012
- Tags: Policy Statements, Rulemaking
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...
- Publication Date: October 25, 2012
- Tags: Administrative Procedure Act (APA), Congress, Public Participation, Rulemaking
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...
- Publication Date: October 25, 2012
- Tags: Adjudication, Rulemaking, Statistics
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...
- Publication Date: October 25, 2012
- Tags: Advisory Committees, Congress, People’s Counsel, Representation, Rulemaking
A. Agency Efforts
1. Federal agencies should engage more extensively in affirmative, self-initiated efforts to ascertain directly from the poor their views with respect to rulemaking that may affect them substantially. For this purpose, agencies should make strong efforts, by use of existing as well as newly devised procedures, to obtain...
- Publication Date: December 19, 2012
- Tags: Administrative Procedure Act (APA), E-Rulemaking, Public Participation, Rulemaking
- Committees: Regulation
- Publication Date: December 31, 2012
- Tags: Administrative Procedure Act (APA), E-Rulemaking, Electronic Records Management, Judicial Review, Public Participation, Records Management, Rulemaking
- Committees: Regulation
- Publication Date: December 31, 2012
- Tags: Administrative Procedure Act (APA), E-Rulemaking, Electronic Records Management, Judicial Review, Public Participation, Records Management, Rulemaking
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