Tag Archives: guidance

A Rare Separate Statement (ACUS Update)

by Emily Bremer — Thursday, Jan. 11, 2018@emilysbremer

Last week, I highlighted ACUS’s five recently adopted recommendations, including Recommendation 2017-5, Agency Guidance Through Policy Statements.  It is noteworthy that this recommendation was accompanied by a rare separate statement, this one from ACUS Senior Fellow Professor Ronald M. Levin. Section 302.6(c)(1) of ACUS’s bylaws, which allows members to publish separate statements, provides that: A member who disagrees in whole or in […]

Fall 2017 Projects (ACUS Update)

by Emily Bremer — Monday, Sept. 11, 2017@emilysbremer

The Administrative Conference of the United States will soon begin fall committee meetings on a slate of projects targeted for completion at the 68th annual plenary session, to be held in December.  These projects include: (1) Plain Language in Regulatory Drafting; (2) Agency Guidance; (3) Regulatory Waivers and Exemptions; and (4) Regulatory Experimentation.  A description (taken […]

Does Procedural Review of Agency Guidance Make Sense? A Recent Example from the CFPB

by Connor N. Raso — Friday, July 31, 2015

The House Financial Services Committee overwhelmingly passed a bill declaring that the Consumer Financial Protection Bureau’s (“CFPB”) much-debated guidance document (“Bulletin”) on indirect auto lending to “have no force or effect.” At first glance, this bill would do nothing legally. Under administrative law doctrine, guidance documents like the Bulletin lack legal effect by definition. The […]

Thoughts on GAO’s New Report on Guidance Documents

by Connor N. Raso — Tuesday, May 26, 2015

Agency use of guidance documents (defined here as agency rules issued as either interpretive rules or policy statements) has been hot topic in administrative law lately. The Supreme Court recently rejected a D.C. Circuit doctrine that was intended at least in part to deter agency abuse of guidance. Several justices have expressed an interest in reducing […]