A Guide to Federal Agency RulemakingAmerican Bar Association, 2006 - 702 páginas " ... brings the essential Guide to Federal Agency Rulemaking, formerly published by the Administrative Conference of the United States (ACUS), completely up to date. A concise but thorough resource, the Guide provides a time-saving reference for the latest case law, and the most recent legislation affecting rulemaking."--The publisher's website. |
Dentro del libro
Resultados 1-5 de 81
Página 12
... held by the D.C. Circuit in State Farm Mutual Auto . Ins . Co. v . Dole , 802 F.2d 474 ( D.C. Cir . 1986 ) , cert . denied , 480 U.S. 951 ( 1987 ) . 43. 467 U.S. 837 ( 1984 ) . 44. 42 U.S.C. § 7502 ( b ) ( 6 ) . ally left to be resolved ...
... held by the D.C. Circuit in State Farm Mutual Auto . Ins . Co. v . Dole , 802 F.2d 474 ( D.C. Cir . 1986 ) , cert . denied , 480 U.S. 951 ( 1987 ) . 43. 467 U.S. 837 ( 1984 ) . 44. 42 U.S.C. § 7502 ( b ) ( 6 ) . ally left to be resolved ...
Página 14
... held that the Medicare Act , 42 U.S.C. § 1395x ( v ) ( 1 ) ( A ) , did not authorize the promulga- tion of retroactive cost - limit rules . The Court stated , " It is axiomatic that an administrative agency's power to promulgate ...
... held that the Medicare Act , 42 U.S.C. § 1395x ( v ) ( 1 ) ( A ) , did not authorize the promulga- tion of retroactive cost - limit rules . The Court stated , " It is axiomatic that an administrative agency's power to promulgate ...
Página 17
... held in Immigration and Naturalization Service v . Chadha " that a statutory 65. Public Health Security and Bioterrorism Preparedness and Response Act of 2002 , Pub . L. No 107-188 , § 305 ( e ) , 116 Stat . 594 , 669 ( June 12 , 2002 ) ...
... held in Immigration and Naturalization Service v . Chadha " that a statutory 65. Public Health Security and Bioterrorism Preparedness and Response Act of 2002 , Pub . L. No 107-188 , § 305 ( e ) , 116 Stat . 594 , 669 ( June 12 , 2002 ) ...
Página 19
... held that it was " entirely proper for congressional representatives vig- orously to represent the interests of their constituents before ad- ministrative agencies engaged in informal , general policy rulemaking , so long as the ...
... held that it was " entirely proper for congressional representatives vig- orously to represent the interests of their constituents before ad- ministrative agencies engaged in informal , general policy rulemaking , so long as the ...
Página 29
Jeffrey S. Lubbers. any meetings held with outsiders , and maintain a public log of all such contacts . At the end of the proceeding , OIRA must also make available all documents exchanged with the agency.134 In place of the Reagan E.O. ...
Jeffrey S. Lubbers. any meetings held with outsiders , and maintain a public log of all such contacts . At the end of the proceeding , OIRA must also make available all documents exchanged with the agency.134 In place of the Reagan E.O. ...
Contenido
The Administrative Procedure Acts Rulemaking Provisions | 49 |
B Formal Rulemaking under the APA | 58 |
C Informal Rulemaking under Section 553 of the APA | 60 |
D Rules Exempt from Section 553s Requirements | 61 |
1 Rules Exempt from All of Section 553 | 62 |
b Agency management or personnel | 65 |
C Military or foreign affairs | 66 |
2 Rules of Agency Organization Procedure or Practice | 68 |
4 Agency Oral Hearing Procedures | 311 |
The Rulemaking Record | 315 |
B The Importance of the Rulemaking Record in Informal Rulemaking | 320 |
2 The Rulemaking Record as the Basis for the Agencys Rulemaking Decisions | 321 |
3 The Rulemaking Record as the Basis for Judicial Review | 323 |
4 Treatment of Confidential Comments | 331 |
OfftheRecord or Ex Parte Communications in Rulemaking | 335 |
B Agency Practices for Handling Ex Parte Communications | 339 |
3 Interpretive Rules and Policy Statements | 73 |
a Substantial impact | 76 |
b The agencys label | 77 |
c Distinguishing between legislative rules and interpretive rules | 78 |
d Distinguishing between legislative rules and policy statements | 94 |
e Summary of the law on nonlegislative rules | 102 |
f Postpromulgation comment period | 104 |
4 Good Cause Exemptions | 105 |
a Emergency health or safety standards | 109 |
b Congressional deadlines | 111 |
c Interimfinal rules | 114 |
d Directfinal rulemaking | 115 |
e Remedies for violations of the good cause provision | 118 |
f Suspension of effective dates | 119 |
5 Exemptions from Delayed Effective Date Requirement | 122 |
E Publication Requirements of Section 552 of the APA | 124 |
Use of Rulemaking or Adjudication for the Setting of Policy A Comparison | 127 |
A Legal Constraints on Choosing Rulemaking or Adjudication | 129 |
2 Statutory Authority | 130 |
3 Judicial Constraints | 133 |
B Practical Considerations in Choosing Rulemaking or Adjudication | 139 |
2 Advantages of Adjudication | 142 |
3 Summary | 145 |
Other Procedural Statutes Affecting Rulemaking | 147 |
B The National Environmental Policy Act | 149 |
C The Regulatory Flexibility Act | 151 |
D The Paperwork Reduction Act | 158 |
1 The OMB Clearance Requirements | 160 |
2 Clearance Procedure | 162 |
3 Standard of Review | 166 |
4 The Small Business Paperwork Relief Act | 168 |
F The Negotiated Rulemaking Act | 171 |
G The Unfunded Mandates Reform Act | 175 |
H The Information Quality Act | 179 |
I The EGovernment Act of 2002 | 185 |
J Congressional Review of Rules | 186 |
K Miscellaneous Other Statutes Affecting Rulemaking | 192 |
2 The National Technology Transfer and Advancement Act | 193 |
3 Assessment of Federal Regulations and Policies on Families | 194 |
INFORMAL RULEMAKING IN PRACTICE | 195 |
Beginning the Process | 197 |
A External Considerations | 198 |
2 Public Petitions for Rulemaking | 199 |
3 Agency PrioritySetting | 202 |
4 Other Influences on an Agencys Decision to Begin Rulemaking | 205 |
B Procedural Decisions | 210 |
2 Negotiated Rulemaking | 212 |
C Electronic Rulemaking | 217 |
1 Potential Benefits | 221 |
2 Legal and Technical Issues | 223 |
a Questions about the informational goal | 227 |
b Questions concerning the participatory goal | 234 |
3 The Impact of ERulemaking on the Rulemaking Process | 236 |
Regulatory Analysis and Review | 241 |
A Executive Order 12866 | 242 |
1 Rules Covered by Executive Order 12866 Review | 243 |
2 Content of the Regulatory Analysis | 246 |
3 OIRA Review | 251 |
B The Paperwork Reduction Act | 253 |
1 Coverage | 254 |
3 OIRA Review | 255 |
2 Content of the Analysis | 256 |
3 Review by the Small Business Administration | 258 |
2 Content of the Analysis | 259 |
3 Review of the Analyses | 260 |
E OMB Peer Review Bulletin | 261 |
F Assessment of Federal Regulations and Policies on Families | 265 |
G Other Executive Orders | 266 |
H Coordination of Analysis Requirements | 272 |
The Notice of Proposed Rulemaking | 275 |
B Contents of the Notice of Proposed Rulemaking | 277 |
C Federal Register Requirements | 280 |
D Adequacy of the Notice | 282 |
E A Second Cycle of Notice and Comment | 284 |
Public Participation | 295 |
1 Minimum Time | 296 |
2 Agency Disclosure of Important Data or Information | 298 |
B Special Consultation Requirements | 303 |
C Oral Hearings in APA Rulemakings | 304 |
1 The Administrative Procedure Act | 305 |
2 Hearing Requirements in Hybrid Rulemaking Statutes | 308 |
3 The Position of the Administrative Conference on Hearings in Rulemaking | 309 |
2 The Administrative Conferences Recommendation | 340 |
3 Agency Practice | 341 |
C Executive Branch Communications in Rulemaking | 343 |
2 The Transparency of OMBs Review of Agency Rules | 345 |
3 The Judicial Perspective | 347 |
D Congressional Communications in Rulemaking | 349 |
E Intraagency Communications in Rulemaking | 351 |
F Communications with Consultants | 354 |
The Final Rule | 357 |
2 Interagency Coordination and Review | 359 |
3 International Harmonization | 361 |
4 The Final Regulatory Analysis and OMB Review | 364 |
5 Legal and Jurisdictional Issues | 365 |
6 Determining the Effective Date and Compliance Date for the Final Rule | 366 |
b Congressional review | 368 |
c Retroactivity concerns | 370 |
7 Disqualification of Decisionmakers | 372 |
B The Statement of Basis and Purpose | 376 |
2 Discussion of Alternatives | 381 |
3 Response to Comments | 382 |
C Publication of the Final Rule | 385 |
1 Section 552 Requirements | 386 |
2 Federal Register Requirements | 387 |
3 Plain Language Requirements | 392 |
4 Issuance and Promulgation of the Final Rule | 394 |
Review of Existing Rules | 395 |
JUDICIAL REVIEW OF AGENCY RULEMAKING | 403 |
Availability of Judicial Review | 405 |
B Who Has Standing to Obtain Judicial Review? | 410 |
2 Organizational Standing | 412 |
3 The InjuryinFact Test | 414 |
4 Causation Traceability and Redressability | 421 |
5 Prudential Principles Governing Standing | 424 |
a Avoiding abstract and generalized questions | 425 |
Court of Appeals or District Court? | 432 |
2 Nonstatutory Review | 436 |
D The Venue Location of Review | 437 |
E The Appropriate Timing for Judicial Review | 440 |
2 Exhaustion | 446 |
3 Ripeness | 448 |
a Ripeness and preenforcement review | 449 |
b When is the rule issued for timelimits purposes? | 462 |
c Timelimits and challenges to nonlegislative rules | 464 |
d Ripeness and finality issues in challenges to agency inaction or delay in rulemaking | 466 |
The Scope of Judicial Review | 469 |
agency action unlawfully withheld or unreasonably delayed | 471 |
arbitrary capricious an abuse of discretion or otherwise not in accordance with law | 472 |
a Significant Supreme Court decisions applying the arbitrary and capricious test | 476 |
b The hard look doctrine | 480 |
contrary to constitutional right power privilege or immunity | 489 |
in excess of statutory jurisdiction authority or limitations or short of statutory right | 490 |
a The Chevron decision | 492 |
b Step one of Chevron | 494 |
c Step Two of Chevron | 498 |
d When does Chevron apply? | 503 |
e When Chevron does not apply what does Skidmore deference mean? | 518 |
f Judicial deference to agency interpretations of their own regulations | 521 |
without observance of procedure required by law | 524 |
a The APA | 525 |
c The agencys procedural regulations | 526 |
d Procedural requirements imposed by courts | 527 |
unsupported by substantial evidence in a case subject to sections 556 and 557 of this title or otherwise reviewed on the record of an agency hearing p... | 530 |
unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court | 532 |
B Record on Review | 533 |
C Judicial Remedies | 534 |
Judicial Review of Agency Failure to Act | 541 |
B Types of Agency Inaction | 544 |
1 Failure to Initiate a Rulemaking | 545 |
2 Delay in a Rulemaking Proceeding | 549 |
3 Termination of Rule making | 553 |
C Summary | 555 |
Selected Federal Statutes Affecting Rulemaking | 557 |
2 Administrative Procedure Act Selected sections | 568 |
3 Negotiated Rulemaking Act | 585 |
4 Regulatory Flexibility Act | 594 |
5 Congressional Review of Agency Rulemaking | 608 |
Executive Order No 12866 Regulatory Planning and Review | 617 |
ACUS Recommendation 934 Improving the Environment for Agency Rulemaking | 635 |
TABLE OF CASES | 651 |
INDEX | 689 |
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Términos y frases comunes
2d Cir 9th Cir ACUS Recommendation adjudication ADMIN Administrative Conference Administrative Law Administrative Procedure Act agency action agency interpretations agency rulemaking agency rules agency's amended analysis APA's apply Ass'n authority challenge Chevron Commission committee Congress congressional Corp D.C. Cir D.C. Circuit decision discussion documents enforcement Environmental Protection Agency Exec Executive Order exemption Federal Communications Commission Federal Register final rule Home Box Office impact informal rulemaking infra interpretive rules issue judicial review legislative rule mandate ment Nat'l negotiated rulemaking notice of proposed notice-and-comment Office OIRA OSHA Paperwork Reduction Act parties petition President presidential proceeding promulgated proposed rule proposed rulemaking Public Citizen regulations Regulatory Flexibility Act remand requirements review of agency rulemaking process rulemaking record Safety section 553 significant small entities standard Stat statute statutory substantial Supp supra note Supreme Court tion