Guidance from ACUS seeks to help agencies craft policies guiding their use of contractors in the rulemaking process.
Agencies should take care when using chatbots, virtual assistants, and preset menus to share legal information.
Government agency recommends that other federal agencies follow best practices for automation, notice, and use of private contractors.
Agencies should craft rules about public access to their adjudicative proceedings.
Agencies can promote ethical practices by adopting rules of conduct for attorneys and other representatives in adjudication.
Even when agencies change or rescind guidance documents, they should be clearly labeled and readily available to the public.
ACUS issues recommendations to improve administrative governance.
Alternative agency outreach methods can garner useful feedback and reduce pressure on the notice and comment process.
ACUS should discourage the submission of mass comments in the notice and comment rulemaking process.
Agencies can welcome public participation while discouraging the submission of mass comments.
Mass comments policy should consider agencies’ roles as apolitical policymakers.
Experts consider the value of mass comment campaigns during notice-and-comment rulemaking.