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  1. Document

    Public Access to Agency Adjudicative Proceedings

    … (i.e., proactively or on request) and take steps to redact protected information. Agencies should publish procedural regulations addressing these practices and develop plain-language guidelines that provide practical information about … Policies for Public Access to Agency Adjudicative Proceedings 1. Agencies should promulgate and publish procedural regulations governing public access to their adjudicative proceedings in the  Federal Register  and codify them in the  Code of Federal Regulations . In formulating these regulations, agencies, in addition to adhering to any legal requirements for public …
  2. Document

    Executive Order 13132 - Federalism

    … significance” and providing “the maximum administrative discretion possible” where States administer Federal statutes and regulations. Agencies must designate an official principally responsible for implementing the EO. Independent regulatory … to comply with the provisions of this order.  Coverage The EO covers policies with federalism implications. This means “regulations, legislative comments or proposed legislation, and other policy statements or actions that have substantial …   (1) Consultation.  Agencies must consult with State and local 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 federalism …
  3. Article

    Administrative Conference Appoints New Members

    … A former ACUS Public Member from 1987 to 1994, Mr. Fielding chaired the Conference’s Special Committee on Government Ethics Regulation. David Vladeck , Director of the Bureau of Consumer Protection at the Federal Trade Commission (FTC), will also …
  4. Document

    Social Media in Rulemaking

    … the e-Rulemaking Program Management Office, which operates the federal government’s primary online rulemaking portal, Regulations.gov, has urged agencies to “[e]xplore the use of the latest technologies, to the extent feasible and permitted … an agency needs to reach an elusive audience or determine public preferences or reactions in order to develop an effective regulation, social media may enable the collection of information and data that are rarely reflected in traditional … For the same reasons, social media may be an effective way for agencies to seek input on retrospective review of existing regulations. It also may be helpful in connection with a negotiated rulemaking, [9] where these tools may make it easier for …
  5. Document

    Encouraging Settlements by Protecting Mediator Confidentiality

    … the negotiations or where private parties are negotiating the resolution of an issue in controversy concerning a statute, regulation, or policy administered by the agency. 2. The neutral, including a neutral (as defined in the model rule) who … As used in this rule: (a) “Issue in controversy” means a question that is material to a decision involving a statute, regulation, or policy administered by [the agency] about which persons who would be substantially affected or the agency … 305.86-3;  Alternatives for Resolving Government Contract Disputes , 1 CFR 305.87-11;  Procedures for Negotiating Proposed Regulations , 1 CFR 305.82-4, 85-5;  Negotiated Cleanup of Hazardous Waste Sites Under CERCLA , 1 CFR 305.84-4;  Resolving …
  6. Article

    Updating the Federal Administrative Procedure Sourcebook

    … as an invaluable resource for agency officials, by centralizing publication of analysis, legislative history, related regulations, and other references for 18 procedural statutes, including the Administrative Procedure Act, the Freedom of … the administration issued Exec. Order 13,771 , known as the “2 for 1” order, which requires agencies to identify two regulations to be repealed for every proposed or promulgated regulation and to keep the total incremental cost of all proposed and repealed regulations at zero or less. This Order …
  9. Document

    Judicial Review of Customs Service Actions

    … should amend the trademark statute, as it has the copyright statute, to authorize the Customs Service to establish by regulation such a condition precedent to its acting to detain and seize allegedly infringing merchandise, and the Customs Service should promulgate such a regulation. In either event, the Customs Service should then adopt express procedures that would enable the owner of a …
  10. Article

    Unified Regulatory Agenda Change Accords with ACUS Recommendation

    … It now states that “agencies will post and make public their list of ‘inactive’ rules-providing notice to the public of regulations still being reviewed or considered.” Additionally, a “2017 Inactive Actions” hyperlink has been added that allows the public to view all inactive rulemaking actions, organized by Regulation Identifier Number (RIN). ACUS applauds this policy change, which we believe creates greater transparency in the …
  11. Article

    74th Plenary on June 17

    … Review . This proposed recommendation identifies best practices for agencies as they conduct retrospective review of their regulations on a periodic basis. It provides guidance for agencies on identifying the types of regulations that are strong candidates for review, determining the optimal frequency of review, soliciting public feedback … diverse, useful responses. Learn more about the project  here  and the proposed Recommendation from the Committee on Regulation  here . Virtual Hearings in Agency Adjudication . This proposed recommendation addresses the use of virtual …
  12. Basic page

    Public Availability of Information

    … Agency Guidance Documents Recommendation 2018-7, Public Engagement in Rulemaking Recommendation 2018-6, Improving Access to Regulations.gov’s Rulemaking Dockets Recommendation 2018-5, Public Availability of Adjudication Rules Recommendation 2017-1, … 15, 2019) Michael Sant’Ambrogio & Glen Staszewski, Public Engagement with Agency Rulemaking (Nov. 19, 2018) Todd Rubin, Regulations.gov and the Federal Docket Management System (Dec. 1, 2018) Todd Phillips, Public Availability of Adjudication … to the Public (Oct. 30, 2019) (originally published on The Regulatory Review ) Cary Coglianese & Todd Rubin, Improving Regulations.gov (May 29, 2019) (originally published on The Regulatory Review ) Aaron L. Nielson, Accessing Agency Procedure …
  13. Document

    Medicare Appeals

    … over some key issues concerning allowable costs, and availability of payments under the new system. But, HCFA rulings and regulations have constrained the PRRB’s jurisdiction in prospective payment rate cases and provided that it may not order … in Part A appeals as long as no financial liability is imposed in connection with the representation; –requires that HCFA regulations regarding the Medicare program provide for a 60-day comment period; –requires expanded notice procedures for … that allow for public comment (either pre-promulgation or post-adoption). See ACUS Recommendation 76-5. 1 C. HCFA by regulation (or Congress by legislation if necessary) should require fiscal intermediaries and carriers to publish and …
  14. Event

    Social Media Workshop

    … Farina , Cornell University Law School; principal researcher in the Cornell e-Rulemaking Initiative (CeRI) , which operates Regulation Room 3:25                      Break 3:40                      Q&A Session: This session's goal is to have a …
  15. Document

    Internal Revenue Service Procedures: Tax Return Confidentiality

    … should be made only if the agency or department to which disclosure is made follows procedures based on legally enforceable regulations no less restrictive than those of the Internal Revenue Service which are designed to assure that the tax return … comply with, an agreement with the Internal Revenue Service by which the State is obligated to adopt legally enforceable regulations and procedures to safeguard the confidentiality of tax returns which are determined by the Internal Revenue … will be used or disclosed only within the limitations therein provided. (2) The Internal Revenue Service should adopt regulations which shall contain provisions to accomplish the following: (i) Establish procedures whereby (A) the Service …
  18. Document

    Administrative and Judicial Review of Prompt Corrective Action Decisions by the Federal Banking Regulators

    … of Governors of the Federal Reserve System is an independent federal agency with primary federal responsibility for the regulation of all bank holding companies, state-chartered banks that are members of the Federal Reserve System, and foreign … banks and the Savings Association Insurance Fund for savings and loans, has primary federal responsibility for the regulation of all state-chartered federally insured banks that are not members of the Federal Reserve System, and has …
  20. Document

    Procedures for Determining Social Security Disability Claims

    … magistrates or to an article I court; that the substantive standard be changed, or at least sharpened by the development of regulations or precedent decisions. The National Center for Administrative Justice has recently concluded the most … its administrative law judge corps, the Civil Service Commission, and other affected interests, BHA should establish by regulation the agency’s expectations concerning the administrative law judges’ performance. Maintaining the administrative … at the hearing; and (c) engaging in careful and detailed questioning of the claimant at the hearing. 5. In the absence of regulations structuring the administrative law judge’s discretion when evaluating vocational factors, administrative law …