Rulemaking (Past Projects)

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Recommendation 2012-8, “Inflation Adjustment Act,” addresses agency adjustments to civil monetary penalties under the Federal Civil Penalties Inflation Adjustment Act, codified as amended at 28 U.S.C. 2461 note.


This study focused on the many legal issues that arise in e-Rulemaking, including how agencies may use software to determine that submitted comments are identical or nearly identical, and whether agencies can (and should) destroy paper copies of comments scanned to electronic form. The resulting recommendation identifies approaches that agencies can lawfully use to reduce costs and improve...


Agencies conduct most rulemaking proceedings via the process of “notice and comment.”  Under this process, an agency publishes notice of a proposed rule in the Federal Register, gives the public a period of time in which to comment, and then issues a final rule after considering the comments received.  See 5 U.S.C. § 553. The Recommendation addresses various legal and practical issues...


This study examined various policy and legal issues agencies face when using social media to support rulemaking activities.  It evaluated whether and when agencies should use social media to support rulemaking activities and sought to define applicable legal and policy constraints on agency action, resolve legal uncertainty to the greatest extent possible, and encourage agencies to find...