Sentences with phrase «administrative rulemaking»

Finally, the Court rejected the USPTO's contention that its procedures were a legitimate exercise in administrative rulemaking, and thus were protected by Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc., 467 U. S. 837 (1984).

In addition to reviewing the statutory language of the AIA and its legislative history, the opinions delved into administrative rulemaking under the Administrative Procedure Act (APA), and the evidentiary concepts of «burden of production» and «burden of persuasion.»

Moreover, a majority of the court criticized the USPTO's attempt to establish rules through Board decisions, namely the MasterImage and Idle Free decisions, rather than formal administrative rulemaking under the APA.

A majority of the judges ruled that the USPTO had authority to allocate the burden of persuasion through administrative rulemaking, since the AIA did not unambiguously place the burden on any party.

It also ruled that 37 C.F.R. § 42.100 (b), which implements the BRI standard, was a reasonable exercise of administrative rulemaking under Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc..

«While Mayor Bloomberg often gets credit, the real story here was how NYC used all the tools at its disposal such as City Council passed ordinances, health code resolutions through the Board of Health, and administrative rulemaking,» Dr. Isett and coauthors write.

Not exact matches

Under 5 U.S.C. 553 (d)(Administrative Procedure Act), an agency may determine that its rulemaking should become effective more quickly than the 30 days after publication that is otherwise required.

Second, OHS promulgated this rule without providing notice or the opportunity to comment as required by the Administrative Procedure Act («APA»), thereby depriving Plaintiff States of the opportunity to present important evidence to OHS about the overwhelming success of the DACA program in Plaintiff States as part of the rulemaking process.

Rather than using the standard notice - and - comment rulemaking procedures laid out by the Administrative Procedures Act (APA) and then submitting these regulations to the president for his signature (as required by Titles VI and IX), it has relied entirely on unilaterally announced «Dear Colleague» letters.

Jon heads an office of seven professionals, including five attorneys, who provide expert legal guidance on administrative law, including rulemaking issues affecting DOT and arising from any mode of transportation within DOT.

NHTSA is required by statute to conduct a full new rulemaking with a new administrative record to establish its standards for MYs 2022 - 2025.

Adoption of these rules is a nondiscretionary, ministerial action that FMCSA may take without issuing a notice of proposed rulemaking and receiving public comment, in accordance with the good cause exception available to Federal agencies under the Administrative Procedure Act (APA).

Pipeline Safety: Administrative Procedures; Updates and Technical Corrections; Notice of Proposed Rulemaking (NPRM)(77 FR 48112), published on 8-12-2012.

The Office of Financial Institutions may issue advisory opinions and interpretations regarding this Part, and such advisory opinions and interpretations shall not be considered rules requiring compliance with the rulemaking process of the Louisiana Administrative Procedure Act.

If the Administrator determines, based on consideration of environmental effectiveness, cost effectiveness, administrative feasibility, extent of coverage of emissions, competitiveness and other relevant considerations consistent with the purposes of this title, that emissions of non-HFC fluorinated gases can best be regulated by designating downstream emission sources as covered entities with compliance obligations under section 722, the Administrator shall, after notice and comment rulemaking, change the definition of covered entity and the compliance obligations under section 722 with respect to non-HFC fluorinated gases accordingly, consistent with the purposes of this title, and establish such other requirements as are necessary to ensure compliance for such entities with the requirements of this title.

The Administrative Procedure Act «does provide agencies with the option of conducting a negotiated rulemaking,» notes Issa.

Familiar with administrative procedures, rulemaking, policy and enforcement, Rick represented the agency in rules challenges and appellate litigation, prosecuted administrative disciplinary proceedings against accountants, conducted civil enforcement litigation against broker - dealers and corporate executives, and regularly participated in agency investigations.

TAGS: Administrative law systems, egovernment, Electronic government, erulemaking, erulemaking systems, Federal Register, Government 2.0, Princeton University Center for Information Technology Policy, Rulemaking systems, Web 2.0 and law, Harlan Yu.

TAGS: Administrative law systems, egovernment, Electronic government, erulemaking, erulemaking systems, Federal Register, Government 2.0, Rulemaking systems, Web 2.0 and law.

Mr. Matthews assists clients in administrative proceedings before the NRC, including contested licensing proceedings, and he advises individual utilities and industry groups regarding NRC rulemaking activities and other nuclear regulatory policy issues.

To implement this administrative priority, on Jan. 6, 2018, the Department of Labor (DOL) issued a «Notice of Proposed Rulemaking» recommending changes to increase access to AHPs.