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  1. Article

    ACUS Moves Forward with Recommendations on the Use of Science in the Administrative Process

    … of a set of recommendations aimed at  improving the use of science in the administrative process . The ACUS  Committee on Regulation  met last week to discuss draft recommendations informed by a  report prepared by a consultant , as well as three … one Conference member recommended), it would likely take a very different approach from that used by the consultant. The Regulation Committee will meet again on April 2 and April 29, with a goal of finalizing recommendations to present to the  …
  2. Document

    Executive Order 12866 - Regulatory Planning and Review

    … to regulate in the “most cost-effective manner,” to make “a reasoned determination that the benefits of the intended regulation justify its costs,” and to develop regulations that “impose the least burden on society.” Unified Regulatory Agenda and Regulatory Plan Each agency, including … independent regulatory agencies as defined in 44 U.S.C. 3502(10), is required to prepare a (semiannual) Agenda of all regulations under development or review; as part of the October Agenda, the agency prepares a Plan of its most important …
  3. Article

    Public Availability of Agency Guidance

    … and related guidance documents and explanatory materials that apply to agency adjudications.” On April 4, the Committee on Regulation held its first meeting to discuss a draft recommendation to agencies on how to make guidance publicly available. … to reach out to the public as to the usability of their websites and the publication of new guidance. The Committee on Regulation will meet again on April 23. If the Committee votes to approve this recommendation and the Council places it on …
  4. Document

    Promoting Accuracy and Transparency in the Unified Agenda

    … Accuracy and Transparency in the Unified Agenda Type Recommendation Publication Date June 8, 2015 Committees Committee on Regulation The Unified Agenda of Federal Regulatory and Deregulatory Actions (typically known simply as the “Unified … but is less accurate in other areas. [5]   For example, estimated action dates may prove incorrect, the significance of a regulation may be misclassified, and jointly issued rules may inappropriately be characterized differently by different … issued, the Federal Register entry should result in an automatic update to the Agenda. 3. Federal agencies should not keep regulations that are still under active development in a “pending” category.  The “pending” category should be included in …
  5. Article

    May 13, 2014 Criminal Law and the Administrative State written CLE materials

    … ] George J. Terwilliger, III, Under-Breaded Shrimp and Other High Crimes: Addressing the Over-Criminalization of Commercial Regulation , 44 Am. Crim. L. Rev. 1417 (2007) [Available to subscribers or for purchase through legal research services]. … , Nat’l L. J. (Mar. 03, 2014). James R. Copland and Isaac Gorodetski, The Shadow Lengthens: The Continuing Threat of Regulation by Prosecution, Manhattan Institute Legal Policy Report No. 18 (Feb. 2014). Daniel C. Richman, Corporate … the right to counsel, and standards for parole decisions.  This recommendation was largely implemented in agency regulations and by Congress in Pub. L. 94-233 . Recommendation 72-6, Civil Money Penalties as a Sanction, encouraging …
  6. Document

    Government Contract Bid Protests Before Agencies

    … agencies procure supplies and services. [1] The primary source of these policies and procedures is the Federal Acquisition Regulation (FAR), [2] which applies to all executive-agency acquisitions of supplies and services with appropriated funds by … much of the procurement record as is feasible. Protecting Against Adverse Consequences 8. Although the Federal Acquisition Regulation (FAR) prohibits the award of a contract or continued performance under an awarded contract during an agency-level … of decisions denying the protest; and the time required for bid protests to be resolved). [1] See Federal Acquisition Regulation, 48 C.F.R. ch. 1; see also Competition in Contracting Act of 1984, Pub. L. No. 98-369, div. B, tit. VII, 98 Stat. …
  7. Article

    Incorporating Private Standards into Public Regulations

    … Incorporating Private Standards into Public Regulations On January 26-28,  RegBlog , a project affiliated with the  Penn Program on Regulation , published a three-part series of posts on Incorporating Private Standards into Public Regulations .  In the first installment, Professor  Peter L. Strauss , a Senior Fellow to the Conference, argues that the …
  8. Document

    Public-Private Partnerships

    … Public-Private Partnerships Type Recommendation Publication Date December 21, 2018 Committees Committee on Regulation Federal agencies often participate in public-private partnerships (partnerships) to assist in carrying out their … Involved in Public-Private Partnerships at the Federal Level In the spring of 2017, at the suggestion of the Committee on Regulation, the Conference’s Office of the Chairman convened dozens of federal officials from 19 different agencies who …
  9. Projects

    Working Group on Statutory Drafting: Proactive Disclosure of Agency Legal Materials

    … Counsel, Cross-Cutting Issues Law Office, U.S. Environmental Protection Agency Cary Coglianese, Director, Penn Program on Regulation, Edward B. Shils Professor of Law & Professor of Political Science, University of Pennsylvania Carey Law School … Samuel Bagenstos, General Counsel, U.S. Department of Health & Human Services Daniel Cohen, Assistant General Counsel for Regulation, U.S. Department of Transportation Margaret Kwoka, Lawrence Herman Professor in Law, The Ohio State University …
  10. Document

    Statement #10: Agency Use of an Exceptions Process to Formulate Policy

    … of general applicability. [2] The Regulatory Framework The petroleum industry began to come under comprehensive federal regulation in 1970 with the advent of anti-inflation controls.  In the Emergency Petroleum Allocation Act of 1973 Congress … and enforcement arm of the Department. The Office of Hearings and Appeals had the authority to issue exceptions to regulations, special redress orders, modification and recision orders, and stays of pending orders.  OHA could order any … own peculiar context and history; as a whole they defy easy summarization.  It seems undeniable, however, that as energy regulation became increasingly controversial in the 1970's, DOE policymakers—on matters of considerable importance—often …
  11. Basic page

    Updates in Federal Agency Adjudication

    … for Veterans—Legal Assistance for Access to VA Programs Grant Program in new part 81 of title 38 of the Code of Federal Regulations. The proposed rule provides proposed grant program eligibility criteria, application requirements, scoring … Requirements (VA, Oct. 11). The Department of Veterans Affairs issued a notice of proposed rulemaking to amend its regulations concerning accreditation of agents and attorneys authorized to assist claimants with the preparation … (MSPB, Sept. 9). The Merit Systems Protection Board issued an interim final rule updating its adjudicatory and operational regulations governing the processing of MSPB appeals. Among other things, the interim final rule modifies the authority of …
  12. Document

    Contracting Officers' Management of Disputes

    … the procurement process, including dispute handling. 1 Many contracting officers (“COs”) today are subject to restrictive regulations and close oversight that can inhibit their willingness to negotiate settlements. For this and other reasons, … (1) legislation, an executive order, by the Office of Federal Procurement Policy, policy statement, and Federal Acquisition Regulation changes to encourage COs, before issuing a decision likely to be unacceptable to a claimant, to explore use of … industry and government, and improving understanding and use of ADR procedures at the CO level. 3. The Federal Acquisition Regulation should be amended to describe specifically the full range of dispute resolution methods available for …
  13. Article

    Congress Recognizes the Promise of Recommendation 2011-5, Incorporation by Reference

    … , a component agency of the Department of Transportation , from incorporating by reference into federal pipeline safety regulations any materials not available to the public online for free. The law gave the agency one year—that is, until … in full that: Beginning 1 year after the date of enactment of this subsection, the Secretary may not issue guidance or a regulation pursuant to this chapter that incorporates by reference any documents or portions thereof unless the documents or … developers to provide the free access that would be required to update the incorporations by reference in its pipeline regulations. In the end, however, Section 24 proved unworkable. Although PHMSA was able to secure free access agreements …
  14. Document

    Improving Access to Regulations.gov's Rulemaking Dockets

    … Improving Access to Regulations.gov's Rulemaking Dockets Type Recommendation Publication Date December 20, 2018 Committees Committee on Regulation As agencies develop regulations, they often seek input from the public. In order to submit an informed comment, a member of the public needs to …
  15. Document

    Early Input on Regulatory Alternatives

    … Early Input on Regulatory Alternatives Type Recommendation Publication Date July 9, 2021 Committees Committee on Regulation Executive Summary This Recommendation offers agencies best practices for soliciting early input during the … to solicit and consider early feedback;      j. The extent to which certain groups that are affected by the proposed regulation and have otherwise been underrepresented in the agency’s administrative process may suffer adverse distributional … regulatory review that, among other things, “propose procedures that take into account the distributional consequences of regulations . . . to ensure that regulatory initiatives appropriately benefit and do not inappropriately burden …
  16. Document

    Sean Croston Comment

    … Sean Croston Comment Type Comment Publication Date April 29, 2013 Committees Committee on Regulation Good morning, I just got the chance to read the final draft recommendation regarding Benefit/Cost Analysis at … do want to get their job done, don't be surprised if you see more agencies taking the NLRB route and simply doing more regulation by adjudication, especially if they lack the budgets to perform all of these extra analyses. Is this the result …
  17. Article

    Improving Economic Analysis by Reorganizing Agencies’ Economists

    … agencies can affect the quality and consideration of economic analysis that is intended to inform decisions about regulations. Based on the report, ACUS adopted a multi-part  recommendation  to help regulatory agencies assess how the … orders  require  executive branch agencies to conduct regulatory impact analyses to inform decisions about significant regulations. Some agencies not covered by these executive orders, such as the  U.S. Securities and Exchange Commission ,  … for making their decisions. The organizational structure for economists responsible for producing economic analysis of regulations typically  takes  one of three forms:  divisional organization , under which the economists are located in and …
  19. Article

    Our History: Told By You -- John Vittone

    … Adjudication Officers, and appellate boards at over thirty federal agencies and departments.  In the 1960s, economic regulation at agencies, such as the ICC, CAB, Federal Power Commission, and Federal Communications Commission, were staffed … charge for the transmission of natural gas across state lines.  While there is still a considerable amount of economic regulation by federal agencies, much has been “deregulated” or simply abolished.     Today, a great deal of administrative …
  20. Article

    Regulating by Reference

    … Regulating by Reference On July 1-2, RegBlog , a project affiliated with the Penn Program on Regulation , published a three-part series of posts on Regulating by Reference .  In the first installment , Professor Peter … permission. Collaboration is the Key to Making the Law Free Emily S. Bremer | 07/02/13   As federal rulemaking dockets and regulations have moved online, a previously overlooked issue has emerged: federal regulations frequently incorporate by reference copyrighted materials that must be purchased from a private organization.  …