After Midnight – The Bush legacy of deregulation and what Obama can do, Reece Rushing, Rick Melberth, and Matt Madia, January 2009.
- OMB Memo, January 21, 2009, Implementation of Memorandum Concerning Regulatory Review: Your agency staff has, or may shortly identify, rules that have not yet taken effect and about which significant concerns involving law or policy have been raised. For such rules, you should consider postponing the effective dates for 60 days and reopening your rulemaking processes. Your decision for each such rule should be based on the following considerations: (1) whether the rulemaking process was procedurally adequate; (2) whether the rule reflected proper consideration of all relevant facts; (3) whether the rule reflected due consideration of the agencys statutory or other legal obligations; (4) whether the rule is based on a reasonable judgment about the legally relevant policy considerations; (5) whether the rulemaking process was open and transparent; (6) whether objections to the rule were adequately considered, including whether interested parties had fair opportunities to present contrary facts and arguments; (7) whether interested parties had the benefit of access to the facts, data, or other analyses on which the agency relied; and (8) whether the final rule found adequate support in the rulemaking record.”
- Related postings on midnight regulations
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