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  1. Document

    Time Limits on Agency Actions

    … of its adjudicatory and rulemaking actions, either by announcing schedules for particular agency proceedings or by adopting regulations that contain general timetables for dealing with categories of the agency’s proceedings. 4. Congress ordinarily … (June 26, 1978) 1978 ACUS 9     [1] Senate Committee on Governmental Affairs, 95th Cong., 1st sess., IV Study on Federal Regulation: Delay in the Regulatory Process, 132-52 (1977). [2] See, for example, Administrative Conference Recommendations …
  2. Document

    Conflict-of-Interest Requirements for Federal Advisory Committees

    … members who are classified as special government employees may be required to furnish financial information pursuant to regulations of the appointing agency or the Office of Government Ethics. It is further noted that the Office of Government Ethics has under consideration a proposed regulation governing financial disclosure for all government employees, including special government employees. Download …
  3. Document

    Improved Use of Medical Personnel in Social Security Disability Determinations

    … for any additional medical evidence and to explain or clarify medical evidence in the record. 5   SSA should make clear by regulation that a medical expert’s evidence can be presented orally or in writing. The regulations should also provide that claimants are notified of the inclusion of an expert’s report in the record and should … to object to the inclusion of the report, submit rebuttal evidence, and cross-examine the expert are not abridged. The regulations should also provide that all information and opinions provided by medical experts must be included in the …
  4. Document

    Aggregation of Similar Claims in Agency Adjudication

    … parties to comment on whether the agencies should codify the adjudicatory decision (in whole or in part) in a new regulation.   [1] Other related techniques that can help resolve recurring legal issues in agencies include the use of …
  5. Document

    Federal Agency Electronic Records Management and Archives

    … in the records statutes 2 and in National Archives and Records Administration (NARA) and General Services Administration regulations and guidelines should be applied to the new electronic formats, with the objective that changing from paper to … See ACUS Recommendations 78-4, Federal Agency Interaction with Private Standard-Setting Organizations in Health and Safety Regulation, 1 CFR 305.78-4. 5 Legal issues relating to reliability include signature requirements and contract …
  6. Article

    President Announces More Key Administration Posts

    … where she had primary responsibility for managing the development of the Americans With Disabilities Act employment regulations. She is a member of the American Bar Association and the National Bar Association.  Ms. Rogers is a graduate of … at the U.S. Department of Justice.  He previously served as the Secretary of Maryland’s Department of Labor, Licensing and Regulation.  From 2002 until 2006, Perez was a member of the Montgomery County Council.   He was the first Latino ever …
  7. Document

    Agency Assessment and Mitigation of Civil Money Penalties

    … particularly if the agency is required to conduct a “hearing,” the agency should consider establishing such procedures by regulation, especially where by doing so a de novo proceeding upon judicial review could be avoided. Where such a hearing …
  8. Document

    Procedures of the United States Board of Parole

    … previously in the Federal Register.  (2) This recommendation has been largely implemented by Pub. L. 94-233 and agency regulation. Download Procedures of the United States Board of Parole …
  9. Document

    Judicial Review of Rules in Enforcement Proceedings

    … 75-3. 3 See, e.g., ACUS Recommendations 79-1 (Hybrid Rulemaking Procedures of the Federal Trade Commission) and 80-1 (Trade Regulation Rulemaking Under the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act). Download Judicial Review …
  10. Document

    Current Versions of the Bumpers Amendment

    … or, by any similar legislation, at this time alter or reverse any presumption of validity that attaches to agency rules or regulations; and 2. An across-the-board judgment that judicial deference to agency expertise or to an agency’s … various legal questions, it would apparently reach issues such as the correctness of the agency’s interpretation of its own regulation, see Bowles v. Seminole Rock & Sand Co., 325 U.S. 410, 413-14 (1945), and the procedural regularity of agency … of Paragraph 3 of Conference  Recommendation 74-4. We applaud these efforts to provide courts that review administrative regulations clearer guidance than is afforded by the present clause (2)(A) of section 706. We prefer proposed subsection (d) …
  11. Document

    Rulemaking and Policymaking in the Medicaid Program

    … a session), has either made the expansion of benefits effective regardless of whether or not HCFA promulgates implementing regulations or other guidance by a certain date or has made the expansion effective immediately. 2 These provisions place a … at an accelerated pace and, due to this time pressure, as well as HCFA’s reluctance or inability to promulgate implementing regulations and policies, states are often forced to implement program changes without federal guidance. If Congress has … hardships on states that are required by Congress to implement statutory changes regardless of whether HCFA promulgates regulations. Where HCFA has failed to issue rules or policy, does not act expeditiously on a state’s plan amendment to …
  12. Document

    Individualized Guidance

    … Agencies should publish such procedures in the Federal Register and, as appropriate, codify them in the Code of Federal Regulations . Agencies should also make the procedures publicly available on their websites and, if applicable, in other … public, such as an agency warning letter explaining why the agency believes a regulated party is in violation of a law or regulation. [4] This Recommendation does not attempt to situate individualized guidance within the APA’s categories of …
  13. Article

    Our History: Told By You -- Jonathan Siegel

    … it.  I bought the box myself and I keep pens in it in my office today.  Thanks to extremely hard work by the Committee on Regulation and particularly Committee Chair Russell Frisby, there was even a recommendation for the Conference to consider.  …
  14. Document

    Agency Litigation Webpages

    … find. PACER’s limited search functionality also makes it difficult to find cases involving particular agencies, statutes, regulations, or types of agency action. For example, a person interested in identifying ongoing cases to which the United … searches according to criteria such as action or case type, date, topic, case number, party name, a relevant statute or regulation, or specific words and phrases, along with any other criteria the agency decides are especially useful given its …
  15. Document

    Peer Review and Sanctions in the Medicare Program

    … become unbalanced if any one significant portion were not to be accepted. Paragraph D urges changes in the PRO statute and regulations to ensure that beneficiaries are better informed of their rights to appeal decisions concerning their lack of … should not have such coverage discontinued until the PRO rules on their request for review. 2. HHS should amend the PRO regulations to assure that, at the time a hospital informs beneficiaries of its decision to discharge them or of the … to practitioners or providers for care that does not meet professionally recognized standards. 2. HHS should require by regulation that PROs not make final utilization review denials (denials of payment for care that has been determined to be …
  16. Document

    Statement #20 Agency Use of Artificial Intelligence

    … them to their AI systems without compromising security or privacy. Agencies should also review and consider statutes and regulations that impact their uses of AI as a potential collector and consumer of data. [8] 6. Privacy Agencies have a … 16, 2020). [11] See supra note 10; see also Office of Mgmt. & Budget, Exec. Off. of the President, M-21-06, Guidance for Regulation of Artificial Intelligence Applications (Nov. 17, 2020); Nat’l Inst. for Standards & Tech., Framework for …
  18. Document

    Improving the Environment for Agency Rulemaking

    … initiatives, and early dialogue between agencies and the reviewing entity. To this end, the concept of a unified agenda of regulations is a useful tool and should be preserved. We also believe that additional non-APA analytical requirements should … and to speed final oversight review. Agencies should also review their existing systems for developing and reviewing regulations, to determine where problems and bottlenecks are occurring. They should seek to achieve more rapid internal … with presidential analytical requirements; C. Reviewing the agency’s existing system for developing and reviewing regulations, to determine where problems and bottlenecks are occurring, and to improve and streamline the process; D. …