Agency Procedural Rules

This project will consist of a large-scale study of agency rules of practice and procedure. Among other topics, it will identify sources and definitions of procedural rules and subjects commonly addressed in them, and address agency discretionary authority in promulgating such rules, including the APA’s exemption from notice-and-comment rulemaking. This project will also explore agencies’ practices for seeking public engagement on proposed rules, general conventions for drafting rules, and review case law on the legal “bindingness” of procedural rules.  

Matthew Wiener (University of Pennsylvania Carey Law School) is serving as the consultant for this project.