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1 Information Interchange Bulletin No. 023: Guidance Documents [1] (2022)

handle is hein.usfed/innicg0001 and id is 1 raw text is: ADMINISTRA TIVF CONFEPENCE LF Til UNITED STATES Information Interchange Bulletin No. 023 Guidance Documents What are guidance .o doaenie man e* ide. dcmns do uSents AUS recmmens that agencies develop writen procedur for managing guidance documenms. Procedures shoul address how they devlop guianhcO Guidance documents is generally used documemns, incluling any policies rlat ing to public comment. pubhcation. and to refer to two types of rules that agencies periodie review of exist ing guidance documens. issue without undertaking the notice-and - comment rulemaking process (B1R-014: iilia u(ac(lcmn1 10Nhe 1 (llnr j'o4u',u00 10 Offie0 of Management and dges ol u u Significant guidance Interpretive Rules, in which agencies documens include those expecle to have an annual economic effect of at least advise the public of how they construe $100 million and Ihose thm raise novel gal or poliey issus. statutes or rules they administer. Policy Statements, in which agencies (0M req uires agencies (other than independen agencies) to solcit and respond to advise the public of how they propose to public comments on economically significant guidance documemns: More broadly. exercise discretionary powers. A CS recommends that Agencies consider whether to solicit public input before aopt ing or modifying guLance documens. In doing so. agencies shoul consider What Is the ega effect of factor such as the impact of the douumemn in question the practicabiity of guidan e participin, te lkely increase in useful informtion available to the agency from broadening participation. and the likely inen'ase in policy acceptance from Rules made through notice-and-comment broadening participation. rulemaking and certain other kinds of rules, such as procedural rules, have the . o * a eies e i doa y a ib force and effect of law. This means that \gencies must make guidance documents publily available on their websit es. and these rules are legally binding on Ihey must publish st aemens of general policy anti interpretations of general members of the public. a pplicability in Ihe Feld regn erU Guidance documents, on the other hand, A(US recommends that agencies organize and label guiance documens on their do not have the force and effect of law. websit es so th Ihe publie Can easily find them anl unlersand their legal effe.e :..tn, 135 S. Ct. Useful techniques include crating a dedicatl webpage for guidance documens. 1199 (2015). That is, they do not establish indexing and tagging guidance documents and clearly marking rescinded or a standard with which noncompliance superseded guidance documens.\V A S also recommends that agencies undertake may form an independent basis for action affirmative measures to alert the publc to new and revised guidance documents in matters that determine the rights and such as by using public emai dist rihion lois or social media. obligations of any member of the public (see ACUS Rec. 2t1t7-5). H d as v d h p t 0 uidance? A\ US recommends hat agencies take steps to ensure guidance documens are not Yhy do agenceUs iss itreaed as having the force and effec of law encies should for examp, sate goidanc do mets? prominenly ha t guidance docum0n are not binding on te public and avoid staIing that members of t1he publc shal or must do something unless required Guidance documents are important tools by a sta te or regula ion.Agenci0s shoul also offer the public a fair opportunit for administration and can be of great to argue for the modification rescission, or waiver of guidance documens and value to agencies and the public. prominely state in guidance documens that such an opportunity exists. Although agencies may not use guidance documents to create standards legally \dditional Resources binding on the public, agencies can use 0B FI I them to quickly and efficiently advise the \ US Rec 01 7,Publie A\ailability pf Inperative Agency Cuidan e D ocuments public of how they intend to administer \lUS Rec. 2 Iv, Public Avaiability of Aency (Guianc D cum nts federal programs. A'US lec.2l1 Agency G;uidance Thtough Interpretive Rule www.acus.gov May 2022 IIB-023

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