A Guide to Federal Agency Rulemaking |
From inside the book
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Page 21
... parties to the rulemaking be allowed to submit rebuttal evidence and conduct such cross - examination " as may be required for a full and true disclosure of the facts ; " 23 that there be no ex parte and that parties be communication ...
... parties to the rulemaking be allowed to submit rebuttal evidence and conduct such cross - examination " as may be required for a full and true disclosure of the facts ; " 23 that there be no ex parte and that parties be communication ...
Page 32
... parties , although it may alter the manner in which the parties present themselves or their viewpoints to the agency . In this light , the exemption has applied to a freeze placed on the processing of applications for radio broadcast ...
... parties , although it may alter the manner in which the parties present themselves or their viewpoints to the agency . In this light , the exemption has applied to a freeze placed on the processing of applications for radio broadcast ...
Page 33
... parties , although it may alter the manner in which the parties present themselves or their viewpoints to the 76 agency . e . Interpretive rules and policy statements . 78 77 " Interpretative rules " and " general statements of policy ...
... parties , although it may alter the manner in which the parties present themselves or their viewpoints to the 76 agency . e . Interpretive rules and policy statements . 78 77 " Interpretative rules " and " general statements of policy ...
Page 73
... parties in subsequent agency or court proceedings , agency action under the APA either must be an " order " formulated in adjudication or a " rule " formulated in rulemaking . The remainder of this chapter , therefore , is devoted to ...
... parties in subsequent agency or court proceedings , agency action under the APA either must be an " order " formulated in adjudication or a " rule " formulated in rulemaking . The remainder of this chapter , therefore , is devoted to ...
Page 111
... parties can then buy , sell or trade as market needs indicate . ( 3 ) Monetary Incentives . Using fees , direct payments , penalties , tax incentives , insurance or warranty requirements , etc. , to encourage private sector achievement ...
... parties can then buy , sell or trade as market needs indicate . ( 3 ) Monetary Incentives . Using fees , direct payments , penalties , tax incentives , insurance or warranty requirements , etc. , to encourage private sector achievement ...
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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...