Federal Rulemaking: Notice Issues and the Good Cause Exception ( Government Procedures and Operations )

Publication series :Government Procedures and Operations

Author: Julie Evans  

Publisher: Nova Science Publishers, Inc.‎

Publication year: 2016

E-ISBN: 9781536105407

P-ISBN(Paperback): 9781536105391

Subject: D034 State institutions;D52 世界政治制度与国家机构

Keyword: 国家体制,世界政治制度与国家机构,政治、法律

Language: ENG

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Federal Rulemaking: Notice Issues and the Good Cause Exception

Chapter

Standard of Review When Agencies Invoke the Good Cause Exception

What Happens When a Court Rejects an Agency’s Good Cause Finding?

Presidential Transitions

Congressional Proposals to Alter the Standard

End Notes

Chapter 3

Federal Rulemaking: Agencies Could Take Additional Steps to Respond to Public Comments*

Why GAO Did This Study

What GAO Recommends

What GAO Found

Abbreviations

Background

Agencies Issued about 35 Percent of Major Rules and about 44 Percent of Nonmajor Rules without an NPRM from 2003 to 2010

Agencies Most Often Invoked the Good Cause Exception When Publishing Rules without an NPRM

Good Cause Exception Commonly Used

Agencies’ Use of Exceptions in Statutes Other than APA

Agencies’ Use of APA’s Broad Categorical Exceptions

When Agencies Publish Major Rules without an NPRM, They Often Provide Information on Economic Effects and Request Comments, But Do Not Always Respond to Comments

Agencies Provided Information on Economic Effects of Most Major Rules without an NPRM

Although Not Required, Agencies Often Requested Comments on Major Final Rules Issued without an NPRM, but Did Not Always Respond to Comments Received

Conclusion

Recommendation for Executive Action

Agency Comments and Our Evaluation

Appendix I: Scope and Methodology

Appendix II: Detailed Results of GAO Analyses of Final Rules Issued without an NPRM, 2003 through 2010

Appendix III: Frequency of Interim Rulemaking, 2003 through 2010

Appendix IV: Summary Information on Final Major Rules Issued without an NPRM, in Whole or in Part—2003 through 2010

End Notes

End Notes for Appendix I

End Notes for Appendix III

Index

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