Contractors in Rulemaking
Guidance from ACUS seeks to help agencies craft policies guiding their use of contractors in the rulemaking process.
Redesigning Automated Legal Guidance
Agencies should take care when using chatbots, virtual assistants, and preset menus to share legal information.
Using Technology and Contractors in the Administrative State
Government agency recommends that other federal agencies follow best practices for automation, notice, and use of private contractors.
Public Access to Agency Adjudicative Proceedings
Agencies should craft rules about public access to their adjudicative proceedings.
Regulating Representatives in Agency Adjudicative Proceedings
Agencies can promote ethical practices by adopting rules of conduct for attorneys and other representatives in adjudication.
Making Inoperative Guidance Accessible to All
Even when agencies change or rescind guidance documents, they should be clearly labeled and readily available to the public.
Improving Transparency and Administrative Accountability
ACUS issues recommendations to improve administrative governance.
Managing Mass Comment “Supply” by Reducing “Demand”
Alternative agency outreach methods can garner useful feedback and reduce pressure on the notice and comment process.
Mass Comments Should Be Discouraged
ACUS should discourage the submission of mass comments in the notice and comment rulemaking process.
Preventing Mass Comment Wars
Agencies can welcome public participation while discouraging the submission of mass comments.
Mass Comments and the Revival of Apolitical Expertise
Mass comments policy should consider agencies’ roles as apolitical policymakers.
Mass Comments in Administrative Rulemaking
Experts consider the value of mass comment campaigns during notice-and-comment rulemaking.