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    Public Members

    … Law School New York Alumni Chancellor's Chair in Law; Director, Vanderbilt Policy Accelerator for Political Economy & Regulation Mila Sohoni Stanford Law School Professor of Law and John A. Wilson Distinguished Faculty Scholar Cheryl M. …
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    Paperwork Reduction Act

    … capable of facilitating faster, easier, and more effective communication with the public. Finally, over time, the PRA’s regulation of information collections has come to be viewed as its primary component and has overshadowed the law’s broader … and comments received. The eRulemaking Program Management Office (PMO) should consider creating a dedicated page on Regulations.gov to facilitate implementation of this recommendation.  (e) Agencies should, as soon as feasible, post to Regulations.gov or the centralized website identified in paragraph 1(c) above any comments received during the 60-day and …
  4. Document

    Civil Money Penalties for Federal Aviation Violations

    … an administrative civil money penalty program for violations of the Federal Aviation Act and its implementing safety regulations. The Civil Penalty Assessment Demonstration Program, a 2-year temporary program, was originally due to expire … the federal court of appeals. The FAA has substantive regulatory authority under the Federal Aviation Act. It promulgates regulations to promote aviation safety, conducts investigations to ensure compliance, and brings enforcement actions. It … cases. The civil money penalty program has been in operation since September 1988, when the FAA promulgated its procedural regulations as final rules with opportunity for subsequent comment. In March 1989, the FAA addressed the comments received, …
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    Organization

    … the Assembly, which has authority to adopt recommendations for improving administrative procedure and adopt bylaws and regulations to carry out ACUS functions. Plenary sessions ordinarily take place twice a year, in June and December. Except … the consideration and development of proposed recommendations: Adjudication Administration and Management Judicial Review Regulation Rulemaking The Chair may also, with the approval of the Council, establish and assign projects to special ad hoc …
  6. Article

    Rules for the Rule-Makers

    … be found  here , and the Regulatory Review's entire series may be found  here . Many laws shape how agencies issue their regulations: statutes, such as the  Administrative Procedure Act  and the  Regulatory Flexibility Act ; executive orders, … that shape their internal rulemaking procedures. As part of my research, I searched the entire electronic Code of Federal Regulations and explored agency websites. I also convened a roundtable with agencies, congressional officials from both … use inconsistent methods to publish and style these rules. Agencies publish internal procedures in the Code of Federal Regulations, Federal Register, on their websites or in more than one of these locations, and some procedures are not …
  7. Flexible Page

    IIB-027 GPRA Basics

    … Committee on Administration and Management Committee on Collaborative Governance Committee on Judicial Review Committee on Regulation Committee on Rulemaking Sort by Date Type Projects Committee (field_committe) Order Asc Desc Items per page 5 10 … 31, 2022 Recommendation Number: 2022-6 Adoption on: December 15, 2022 Type: Recommendation Committees: Committee on Regulation Plenary Redline for Regulatory Enforcement Manuals Download Plenary Redline for Regulatory Enforcement Manuals …
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    Contractors in Rulemaking

    … such as sorting public comments to more complex matters such as preparing regulatory impact analyses or initial drafts of regulations. While there may be benefits to using contractors to perform these functions, there may be distinctive concerns … of value judgments in making decisions for the Federal Government . . . .” [5] Whereas “determining” the content of a regulation is an inherently governmental function, [6] providing “[s]ervices that involve or relate to the development of regulations” is not. [7] Rather, the provision of such services is considered to be “closely associated with the performance …
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    Reduction of Delay in Ratemaking Cases

    … efficiency of ratemaking agencies. It is not intended that adoption of this recommendation in any way expand the scope of regulation, have any adverse competitive impact, or add unduly to the costs of producing information. Recommendation A. Use …
  10. Article

    This Month at ACUS: January 2023

    … to the Office of the Chair to “consider promulgating model rules of conduct” consistent with  Recommendation 2021-9 , Regulation of Representatives in Agency Adjudicative Proceedings. The Working Group is chaired by Administrative Law Judge …
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    Identifying and Reducing Burdens on the Public in Administrative Processes

    … should trace the legal or operational source of identified burdens to determine whether they are imposed by statute or by regulation, guidance, or agency practice, at the federal or state level. 8. Agencies should, to the extent feasible, … Forum, Assisting Parties in Federal Administrative Adjudication (2023); Admin. Conf. of the U.S., Recommendation 2021-9 , Regulation of Representatives in Agency Adjudicative Proceedings , 87 Fed. Reg. 1721 (Jan. 12, 2022). [14] See, e.g. , …
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    ACUS Annual FOIA Report 2010 (XML Version)

    … Overhead ($283,767 annually) =  97 hours x $9.09 per hour per person (TOTAL $881.73).  Contractor cost for FOIA/Privacy Act regulation prep and FOIA response consultation =  $8,866.  TOTAL processing costs = …
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    Enforcement of Standards in Federal Grant-in-Aid Programs

    … to such complaint procedures as are required to be established by the grantee. The grantor agency should seek by regulation to define the classes of cases that it will consider sufficiently substantial to warrant processing through the … grantee complaint procedures. The Federal grantor agency should require as a grant condition that all program materials (regulations, handbooks, manuals, etc.) governing the grantee’s administration of a program supported in whole or in part by …
  14. Document

    The Use of Ombuds in Federal Agencies

    … the ombuds has direct access to the agency head and to other senior agency officials, as appropriate.  Whether by statute, regulation, or charter, ombuds should expressly be given access to agency information and records pertinent to the ombuds’ … the scope and limits of the confidentiality offered by ombuds offices in their enabling documents (whether statute, regulation, charter or other memoranda), as well as on the agency website, in brochures, and in any other descriptions or …
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    Improving the Efficiency of the Paperwork Reduction Act

    … and fast-track clearances but that there were other opportunities to expedite certain clearances. ACUS’s Committee on Regulation considered the report and proposed recommendations over the course of two meetings. These meetings epitomized one …
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    Managing Adjudicators’ Information Access in the Internet Age

    … judges routinely  rely  on  U.S. Department of State  country reports, for example, and a  Social Security Administration  regulation  takes  “administrative notice” of job information in the  Dictionary of Occupational Titles . In other contexts, …
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    A Primer on the Informal Rulemaking Process

    … a series of posts over the next few weeks, I’ll explore the process federal agencies use to create most federal “rules” or “regulations” (these terms are synonymous) that have the force and effect of law.  See 5 U.S.C. § 551(4) & (5) (defining … the Administrative Procedure Act, Section 4—Rule Making (1947). Share on Facebook Share on Twitter Share on Linkedin Tags Regulation Rulemaking …
  18. Document

    Public Financial Disclosure by Executive Branch Officials

    … the term “directly involved” or delegating to the Office of Government Ethics the responsibility to clarify its meaning by regulation, especially as applied to individuals who provide services to others, such as lawyers. Therefore, although the … such reimbursements or gifts in broad categories (e.g., under $1,000; $1,000 to $10,000; over $10,000) in accordance with regulations issued by the Office of Government Ethics. (c) All Other Covered Gifts.The requirement of reporting all gifts to … value or amount of such gifts in broad categories (e.g., under $1,000; $1,000 to $10,000; over $10,000) in accordance with regulations issued by the Office of Government Ethics.     Citations: 54 FR 28973 (July 10, 1989) 1989 ACUS 34 Note: This …
  19. Document

    Managing Mass, Computer-Generated, and Falsely Attributed Comments

    … part of its eRulemaking Program, for example, the General Services Administration (GSA) has implemented technologies on the Regulations.gov platform that make it easier for agencies to verify that a commenter is a human being. [14] GSA’s Regulations.gov platform also includes an application programming interface (API)—a feature of a computer system that … docket to improve the navigability of the docket, it should ensure that any reported total number of comments (such as in Regulations.gov or in the preambles to final rules) includes the number of identical or substantively identical comments. If …
  20. Document

    Statement #5: Statement on Procedures to Deal with Emergency Shortages of Natural Gas

    … hastily-established program which might not adequately provide for public participation in the development of policies and regulations nor for suitable procedures for the determination of matters involving identifiable parties.  This might work … conserve natural gas and other forms of energy; accelerated development of renewable forms of energy; extension of federal regulation to the intrastate gas market. (b) Determination of the appropriate approach, from among the foregoing or others, … and adequate administrative procedures. (a) To the maximum extent feasible, each agency should develop its policies and regulations as far in advance of an actual emergency as possible and do so by using the procedures of § 553 of the …