A Guide to Federal Agency RulemakingAdministrative Conference of the United States, 1983 - 309 páginas |
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Página iii
... agency's " intent to rely " on specific information .... 5. Variance between the initial proposal in the NPRM and the final rule 6. Other considerations regarding notice .. Opportunity for Public Comment 1. Development of the law on agency ...
... agency's " intent to rely " on specific information .... 5. Variance between the initial proposal in the NPRM and the final rule 6. Other considerations regarding notice .. Opportunity for Public Comment 1. Development of the law on agency ...
Página 8
... agency's reasoning and underlying factual support . See Auerbach , Informal Rule Making : A Proposed Relationship Between Administrative Procedures and Judicial Review , 72 Nw . U.L. Rev. 15 , 23 ( 1977 ) ; Nathanson , Probing the Mind ...
... agency's reasoning and underlying factual support . See Auerbach , Informal Rule Making : A Proposed Relationship Between Administrative Procedures and Judicial Review , 72 Nw . U.L. Rev. 15 , 23 ( 1977 ) ; Nathanson , Probing the Mind ...
Página 9
... Agency's final rules , following the public comment period , consumed an average of 104 days . " 24 On November 27 , 1974 , President Ford issued an executive order requiring executive branch agencies to prepare an " inflation impact ...
... Agency's final rules , following the public comment period , consumed an average of 104 days . " 24 On November 27 , 1974 , President Ford issued an executive order requiring executive branch agencies to prepare an " inflation impact ...
Página 20
... agency . ' requires publication of " descriptions of [ agency ] organization " 17 and " statements of the general course and method by which [ the agency's ] functions are channeled and determined " , which may be rules as defined in 5 ...
... agency . ' requires publication of " descriptions of [ agency ] organization " 17 and " statements of the general course and method by which [ the agency's ] functions are channeled and determined " , which may be rules as defined in 5 ...
Página 34
... agency pursuant to statutory authority and which implement the statute . Such rules have the force and effect of law . · Interpretative rules - rules or statements issued by an agency to advise the public of the agency's construction of ...
... agency pursuant to statutory authority and which implement the statute . Such rules have the force and effect of law . · Interpretative rules - rules or statements issued by an agency to advise the public of the agency's construction of ...
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Términos y frases comunes
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
Pasajes populares
Página 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.
Página 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...
Página 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.
Página 224 - ... unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court.
Página 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...
Página 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...
Página 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.
Página 136 - The transcript of testimony and exhibits, together with all papers and requests filed in the proceeding, constitutes the exclusive record for decision...
Página 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...
Página 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...