Rulemaking (Recommendations)

Rulemaking on a Record by the Food and Drug Administration

Recommendation number: 71-7
Adopted on: December 7, 1971
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....

Public Participation in Administrative Hearings

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Recommendation number: 71-6
Adopted on: December 7, 1971
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...

Articulation of Agency Policies

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Recommendation number: 71-3
Adopted on: May 8, 1971
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...

Elimination of Certain Exemptions from the APA Rulemaking Requirements

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Recommendation number: 69-8
Adopted on: October 22, 1969
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...

Compilation of Statistics on Administrative Proceedings by Federal Departments and Agencies

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Recommendation number: 69-6
Adopted on: October 22, 1969
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...

Representation of the Poor in Agency Rulemaking of Direct Consequence to Them

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Recommendation number: 68-5
Adopted on: December 11, 1968
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...

Midnight Rules

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Recommendation number: 2012-2
Adopted on: June 14, 2012
Tags: Congress, Rulemaking

There has been a documented increase in the volume of regulatory activity during the last months of presidential terms.^[1] This includes an increase in the number of legislative rules (normally issued under the Administrative Procedure Act’s (APA) notice and comment procedures)...