A recently authored piece focused on recommendations from the Administrative Conference of the United States (ACUS) discussed understanding controversies around guidance from federal agencies and how to address them.
The authors state that regulatory guidance might be ubiquitous, but it also can be controversial. It can be produced and altered much faster, and in higher volume, than regulations and is not binding – which can allow regulators to potentially create de facto regulations by calling them “guidance.”
Read on for details of the ACUS recommendations for addressing the issue.
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