Submitted by Todd Rubin
Making sound regulatory decisions demands information and analysis. Several ACUS recommendations encourage agencies to gather data when making new rules and when reviewing existing rules. These recommendations reinforce analytic demands imposed on agencies by legislation, executive orders, and judicial decisions.
At its 68th Plenary on December 14th and 15th, the ACUS Assembly is expected to discuss a set of recommendations that encourages agencies to think carefully about the most effective way to design their rules and analyze the effects of their rules. It specifically encourages agencies to consider pilot projects, demonstrations, flexibility among states or regulated entities, and waivers and exemptions in the development and analysis of rules. The recommendations also encourage agencies to use supplemental requests for public comment, peer review, advisory committee deliberations, and public hearings or meetings to involve the public in the design and analysis of rules.