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  1. Basic page

    Information Interchange Bulletins

    … - Judicial Review of Agency Action IIB-023 - Guidance Documents IIB-022 - Regulatory Flexibility Act Basics IIB-021 - Regulation of Representatives in Agency Adjudicative Proceedings IIB-020 - Virtual Hearings in Agency Adjudication IIB-019 - …
  2. Document

    Agency Hiring of Private Attorneys

    … of favoritism. The Office of Federal Procurement Policy should review the existing provisions of the Federal Acquisition Regulation to ensure that legal services can be procured consistently with the objectives of this recommendation. 6. Control … (b) Federal agencies and such private attorneys as they retain should be mindful of the constraints imposed by statutes, regulations, executive orders, codes of professional conduct, and any applicable guidelines that pertain to conflict of … appropriate ethics and conduct rules for regular employees, stated elsewhere in part 735, may also be made applicable by regulation to special government employees. 4 This paragraph of the recommendation refers to “clients” solely for the …
  3. Document

    Government Contract Bid Protests

    … contracts. The Federal Acquisition Streamlining Act of 1994, enacted last fall, changed many features of procurement regulation and signaled a new congressional receptivity to proposals for restructuring the procurement process, although it … would authorize the Administrator of the Office of Federal Procurement Policy to “waive any provision of law, rule or regulation necessary” to assist agencies in conducting test programs to evaluate specific changes in acquisition policies or …
  4. Document

    Supplementary Comments Submitted by Scott Rafferty

    … lower transaction costs in identifying and enforcing an appropriate response); Coglianese and Lazer, "Management-based regulation: prescribing private management to achieve public goals" (2003) http://hdl.handle.net/2047/d20000315 at 22 … from third-party certification is less important than efficiencies and scale economies); Braithwaite, “Enforced Self Regulation: A New Strategy for Corporate Crime Control,” 80 Michigan Law Rev. 1466-1507 (1982) (Kepone case study). Projects …
  5. Article

    Regulating Marketable Permits

    … encourage innovation, and ease administrative burdens, all—in theory—without compromising the policy objectives of the regulation. The alienability of marketable permits makes it important for regulatory agencies to clearly define the … creation of the acid rain market. Since then, marketable permits have spread to other environmental and natural resource regulations, including water quality trading , tradable fish catch shares , and offset credits that land developers can … Some participants at a recent interagency workshop on water quality markets expressed concern that the lack of codified regulations establishing the water quality trading program may create uncertainty about the longevity and privileges of …
  6. Document

    Protected Materials in Public Rulemaking Dockets

    … impact analyses, or otherwise. Agencies accept public comments for their public rulemaking dockets primarily through Regulations.gov, their own websites, and email. Regulations.gov and many agency websites that accept comments expressly notify the public that agencies may publish the … Secrets Act only has one exception, which covers any materials authorized to be disclosed by statute (including FOIA) or regulation. [11] Whether a particular piece of personal or confidential commercial information meets one of these exceptions …
  7. Article

    Statistics on OIRA Regulatory Review

    … of OIRA Regulatory Review .  The Office of Information and Regulatory Affairs (OIRA) reviews draft proposed and final regulations to ensure they comply with the regulatory principles stated in Presidential Executive Orders and reflect the … derived from data available on the government website, www.RegInfo.gov. Figure 1  shows the average length of review for regulations concluded in each year from 1994 to 2013.   Figure 2 presents the results of those reviews . When making … of ACUS.   Agencies Office of Information and Regulatory Affairs Share on Facebook Share on Twitter Share on Linkedin Tags Regulation …
  8. Document

    Disputes Respecting Federal-State Agreements for Administration of the Supplemental Security Income Program

    … notice-and comment rulemaking procedures of § 553 of the Administrative Procedure Act were utilized by SSA to establish by regulation some of the basic parameters of these Federal-State agreements, they were not followed in promulgating the … revisions. Those provisions, as contained in the model agreements, deal with many important issues not covered by the regulations, including some of significant potential interest to supplementary benefit recipients. Combining notice and … by HEW. These general terms and conditions (sometimes called “model agreements”) are in turn related to published regulations of HEW. Both the regulations and the general terms and conditions should be developed by a procedure that …
  9. Document

    Executive Order 13175 - Consultation and Coordination with Indian Tribal Governments

    … providing “the maximum administrative discretion possible” where Indian tribal governments administer Federal statutes and regulations. Coverage The EO covers policies with tribal implications. This means “regulations, legislative comments or proposed legislation, and other policy statements or actions that have substantial … Statement.   (1) Consultation. Agencies must consult with tribal officials “early in the process of developing the proposed regulation.” (2) Preamble. In a separately identified portion of the rule’s preamble, agencies must provide a tribal summary …
  10. Basic page

    Office of the Chair Comments to Agencies

    …  (September 8, 2022) November 3, 2022 Copyright Office Copyright Alternative in Small-Claims Enforcement ("CASE") Act Regulations (Mar. 26, 2021) April 22, 2021 CFPB Advisory Opinions Proposal (June 22, 2020) July 1, 2020 EPA Strengthening Transparency in Regulatory Science (Mar. 18, 2020) Mar. 31, 2020 GSA Modernizing Services for Regulation Management (Dec. 31, 2019) Mar. 24, 2020 OMB Improving and Reforming Regulatory Enforcement and Adjudication … of Administrative Hearings (Oct. 7, 2019) Nov. 6, 2019 CFTC Public Rulemaking Procedures (Sep. 20, 2019) Oct. 9, 2019 DOE Regulations Prohibiting Issuance, Reliance, or Defense of Improper Agency Guidance (Sep. 26, 2019) Sep. 30, 2019 EOIR …
  11. Event

    Future of E-rulemaking

    … State and Future of Federal e-Rulemaking, outlined how technology can enhance agency expertise and consistency in making regulations. After each presentation, speakers and panelists took questions from the audience. Continue the discussion by … Governance Studies Panel 1: Digitization – Past, Present, and Short-Term Future Neil Eisner Assistant General Counsel for Regulation and Enforcement U.S. Department of Transportation Scott D. Pattison Executive Director National Association of …
  12. Article

    The Enduring Value of ACUS

    … law was brought home to me most forcefully by my own experience with ACUS’s Committee on Ratemaking and Economic Regulation, on which I had served as chairman for a number of years. But this committee was subsequently abolished as the scope of economic regulation declined. And with the establishment of numerous new agencies with very different regulatory mandates, ACUS … with issues arising in connection with such matters as Office of Information and Regulatory Affairs review of agency regulations, compliance with Freedom of Information Act requests, the appropriate use of new procedural techniques such as …
  13. Article

    ACUS Implementation Developments

    … Unified Agendas did not make those proposed rules visible to the public. While this practice allowed agencies to retain regulation identification numbers (RIN) for their proposed rules, it did not provide a complete picture of each agency’s …
  14. Article

    Forum on Federal Administrative Adjudication

    … Technological Innovations in Adjudication Cary Coglianese, Edward B. Shils Professor of Law & Director, Penn Program on Regulation, University of Pennsylvania Law School Fredric I. Lederer, Chancellor Professor of Law & Director, Center for …
  15. Article

    Acting on ACUS Recommendations, SSA Implements Major Overhaul of Disability Claim Regulations Governing Medical Evidence

    … Acting on ACUS Recommendations, SSA Implements Major Overhaul of Disability Claim Regulations Governing Medical Evidence   Acting on ACUS Recommendations, SSA Implements Major Overhaul of Disability Claim Regulations Governing Medical Evidence Who The Social Security Administration (SSA) recently made changes to its disability … greater fairness to claimants and the reduction of litigation costs paid by taxpayers. How The changes appear in a  final regulation  published in the Federal Register.   This is not the first time that SSA has relied on ACUS recommendations to …
  17. Article

    ACUS Internships in a Nutshell

    … who support ACUS’s six committees (Adjudication, Administration & Management, Collaborative Governance, Judicial Review, Regulation, and Rulemaking).  Don’t worry, we will not all assign things to you at once!  We will monitor your workflow and …
  18. Flexible Page

    FOIA

    … disclosure requirements of the Ethics in Government Act, 5 U.S.C. App. § 107, and U.S. Office of Government Ethics (OGE) regulations. Under ACUS Bylaws § 302.5, Avoidance of Conflicts of Interest, non-government senior fellows, special counsels, … will occur. As required by the Ethics in Government Act, 5 U.S.C. App. § 107(a); Executive Order 12674, § 201(d); and OGE regulations, 5 C.F.R. § 2634.901(d), this report will be held in strict confidence. Please click on the form below for … Act of 1978 (5 U.S.C. App.), Executive Order 12674, and 5 CFR Part 2634, Subpart I, of the Office of Government Ethics regulations require the reporting of this information. The primary use of the information on this report is for review by …
  19. Document

    Publication of Policies Governing Agency Adjudicators

    … Procedure Act (APA) [7] and (2) hearings that are not governed by those provisions but are required by statute, regulation, or executive order. It also covers officials (agency heads excluded) who review hearing-level adjudicators’ … by a complex mix of statutory provisions, including civil service laws, agency rules codified in the Code of Federal Regulations , and agency-specific policies that take a variety of forms. Many types of information about AJs reside in these … misconduct: [link]  See also:   Statutory provisions governing ALJs: 5 U.S.C. §§ 554, 557, 3105, 4301, 5372, 7521  OPM’s regulations governing ALJs: 5 C.F.R. §§ 930.205–930.207, 930.211 MSPB’s regulations governing ALJs: 5 C.F.R. §§ …
  20. Document

    Rulemaking on a Record by the Food and Drug Administration

    … 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. The general consensus of … the FDA should encourage requests addressed to it for informal written opinions as to the applicability of the proposed regulations to specific situations so that potential participants can determine whether it is necessary for them to … as the first step in isolating the questions to be considered at the formal hearing. To this end, it should— (a) Amend its regulations to state that the “statement of issues” is not jurisdictional, but may be augmented or revised at the prehearing …