Proposed Rule2023-21165
Rules of Practice for Adjudicative Proceedings
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 28, 2023
Issuing agencies
Consumer Product Safety Commission
Abstract
The Consumer Product Safety Commission is withdrawing its proposed rule to update the Commission's Rules of Practice for Adjudicative Proceedings because the Commission has not taken any action on this proposed rule since it was published in 2016.
Full Text
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<title>Federal Register, Volume 88 Issue 187 (Thursday, September 28, 2023)</title>
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[Federal Register Volume 88, Number 187 (Thursday, September 28, 2023)]
[Proposed Rules]
[Page 66722]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-21165]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1025
[CPSC Docket No. CPSC-2016-0006]
Rules of Practice for Adjudicative Proceedings
AGENCY: Consumer Product Safety Commission.
ACTION: Termination of rulemaking.
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SUMMARY: The Consumer Product Safety Commission is withdrawing its
proposed rule to update the Commission's Rules of Practice for
Adjudicative Proceedings because the Commission has not taken any
action on this proposed rule since it was published in 2016.
DATES: As of September 28, 2023, the proposed rule published on April
13, 2016, at 81 FR 21775, is withdrawn.
ADDRESSES: Consumer Product Safety Commission, 4330 East-West Highway,
Bethesda, MD 20814.
FOR FURTHER INFORMATION CONTACT: Daniel Vice, Office of the General
Counsel, 4330 East-West Highway, Bethesda, MD 20814; telephone: 301-
504-6996; <a href="/cdn-cgi/l/email-protection#b5d1c3dcd6d0f5d6c5c6d69bd2dac3"><span class="__cf_email__" data-cfemail="caaebca3a9af8aa9bab9a9e4ada5bc">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Under the Administrative Procedure Act,
adjudications required by a statute to be determined on the record
after an opportunity for an agency hearing are subject to certain
procedural requirements. 5 U.S.C. 554. In 1980, the Commission adopted
Rules of Practice for Adjudicative Proceedings (Rules) to govern such
Commission proceedings. 16 CFR part 1025.
On April 13, 2016, the Commission issued a notice of proposed
rulemaking (NPR) to update the Rules. 81 FR 21775. The Commission
proposed to modernize the Rules to reflect changes in civil and
administrative litigation and revisions to the Federal Rules of Civil
Procedure and Federal Rules of Evidence since adoption of the Rules.
The Commission received four comments on the proposed rule.
In November 2019, Commission staff sent to the Commission a draft
supplemental notice of proposed rulemaking (SNPR). The draft SNPR
proposed additional changes to the Rules in light of comments received
on the NPR and the Commission's experience with adjudicative
proceedings since publication of the NPR. The Commission did not take
any action on the draft SNPR.
Because the Commission has not taken action on this proposed rule
since 2016, the Commission is terminating this proceeding.\1\ In the
future, the Commission may consider revisions to the Rules in light of
its experience with agency adjudications and relevant circumstances
including changes to rules for Federal judicial proceedings.
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\1\ On September 19, 2023, the Commission voted 4-0 to publish
this termination of rulemaking.
Elina Lingappa,
Paralegal Specialist, Office of the Secretary, Consumer Product Safety
Commission.
[FR Doc. 2023-21165 Filed 9-27-23; 8:45 am]
BILLING CODE 6355-01-P
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