A Guide to Federal Agency Rulemaking |
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Page v
... effective date for the final rule .. Publishing the final rule 4 . a . b . Executive Order 12291 clearance . Federal Register requirements 5. Announcing a starting time for " races to the courthouse " . .. CHAPTER NINE A. 1 . · JUDICIAL ...
... effective date for the final rule .. Publishing the final rule 4 . a . b . Executive Order 12291 clearance . Federal Register requirements 5. Announcing a starting time for " races to the courthouse " . .. CHAPTER NINE A. 1 . · JUDICIAL ...
Page 6
... effective date . It is important to stress that these requirements are the procedural " floor " below which an agency may not go in prescribing procedures for a particular rulemaking . The drafters of the APA contemplated that " [ m ] ...
... effective date . It is important to stress that these requirements are the procedural " floor " below which an agency may not go in prescribing procedures for a particular rulemaking . The drafters of the APA contemplated that " [ m ] ...
Page 10
... . n 5 U.S.C. § 553 ( Supp . III 1979 ) . ive branch agencies , but not to On Au order , commu case o urban i 12044 . Review for a comme 34 / Ex 35 / ON Fed . Re 10 6 . " regulatory analysis " that examined th effectiveness.
... . n 5 U.S.C. § 553 ( Supp . III 1979 ) . ive branch agencies , but not to On Au order , commu case o urban i 12044 . Review for a comme 34 / Ex 35 / ON Fed . Re 10 6 . " regulatory analysis " that examined th effectiveness.
Page 11
... effectiveness of approaches . alternative regu Agencies were directed to review e : regulations , though no time limit was pla completion of the review process . Agencies were directed to prepare pla implementing E.O. 12044 , and the ...
... effectiveness of approaches . alternative regu Agencies were directed to review e : regulations , though no time limit was pla completion of the review process . Agencies were directed to prepare pla implementing E.O. 12044 , and the ...
Page 24
... effective date . 1136 Since the opportunity for oral presentation is left to agency discretion ( item 2 above ) , section 553 procedure is accurately referred to as " notice and comment " rulemaking . The meaning and operational impact ...
... effective date . 1136 Since the opportunity for oral presentation is left to agency discretion ( item 2 above ) , section 553 procedure is accurately referred to as " notice and comment " rulemaking . The meaning and operational impact ...
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Common terms and phrases
ACUS Recommendation adjudication Administrative Conference Administrative Law Treatise Administrative Procedure Act agency action agency rulemaking agency rules agency's amendment applicable basis and purpose Chapter collection of information Conference's Congress costs cross-examination D.C. Cir decision discussion documents ex parte communications ex parte contacts Executive Order 12291 exemption factual Federal Communications Commission Federal Register Federal Trade Commission final regulatory final rule formal rulemaking hearing Home Box Office hybrid rulemaking informal rulemaking interested persons interpretive rules involved issues judicial review Law Review major rule notice of proposed NPRM oral Paperwork Reduction Act President procedural requirements promulgated proposed rule proposed rulemaking provisions published regulations regulatory analysis Regulatory Flexibility Act regulatory flexibility analysis regulatory impact analysis reviewing court rulemaking procedure rulemaking proceeding rulemaking record rulemaking staff section 553 small entities standards statement of basis statutory substantial Supp supra note Verkuil Vermont Yankee
Popular passages
Page 42 - Prior to making any detailed statement, the responsible Federal official shall consult with and obtain the comments of any Federal agency which has jurisdiction by law or special expertise with respect to any environmental impact involved.
Page 279 - The reviewing court shall — (1) compel agency action unlawfully withheld or unreasonably delayed; and (2) hold unlawful and set aside agency action, findings, and conclusions found to be — (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity; (C) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right...
Page 269 - Every party shall have the right to present his case or defense by oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts.
Page 224 - ... unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court.
Page 268 - An employee or agent engaged in the performance of investigative or prosecuting functions for an agency in a case may not, in that or a factually related case, participate or advise in the decision, recommended decision, or agency review...
Page 12 - Rule" means the whole or any part of any agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy...
Page 17 - Except to the extent that a person has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by, a matter required to be published in the Federal Register and not so published.
Page 136 - The transcript of testimony and exhibits, together with all papers and requests filed in the proceeding, constitutes the exclusive record for decision...
Page 268 - The presiding officer may at any time withdraw as presiding officer in a proceeding if he deems himself to be disqualified. Upon the filing by an interested person in good faith of a timely and sufficient affidavit of personal bias or disqualification of a presiding...
Page 269 - Subject to published rules of the agency and within its powers, employees presiding at hearings may — (1) administer oaths and affirmations; (2) issue subpenas authorized by law; (3) rule on offers of proof and receive relevant evidence; (4) take depositions or have depositions taken when the ends of justice would be served; (5) regulate the course of the hearing; (6) hold conferences for the settlement or simplification of the issues by consent of the parties; (7) dispose of procedural requests...