Sec. 304. Substantive regulations
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/bill/118/s/5168/is/section-304·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The procedures applicable to the regulations of the Board issued for the implementation of this Act, which shall include regulations the Board is required to issue under title II, are as prescribed in this section. Such regulations of the Board shall be adopted and issued in accordance with subsection (b). The Board shall adopt the regulations referred to in subsection (a)(1) in accordance with the principles and procedures set forth in section 553 of title 5, United States Code, and as provided in the following provisions of this subsection:
The Board shall publish a general notice of proposed rulemaking under section 553(b) of title 5, United States Code. Before adopting regulations, the Board shall provide a comment period of at least 30 days after publication of a general notice of proposed rulemaking. After considering comments, the Board shall adopt regulations and shall transmit notice of such action together with a copy of such regulations to the Director of the Administrative Office of the United States Courts for publication in the Federal Register.
The date of issuance of regulations shall be the date on which they are published in the Federal Register under subsection (b)(3). Regulations shall become effective not less than 60 days after the regulations are issued, except that the Board may provide for an earlier effective date for good cause found (within the meaning of section 553(d)(3) of title 5, United States Code) and published with the regulation. Regulations may be amended (including repealed) in the same manner as is described in this section for the adoption and issuance of regulations, except that the Board may, in its discretion, dispense with publication of a general notice of proposed rulemaking of minor, technical, or urgent amendments that satisfy the criteria for dispensing with publication of such notice pursuant to section 553(b)(B) of title 5, United States Code.
Any interested party may petition to the Board for the issuance, amendment, or repeal of a regulation. The Judicial Integrity Officer, the Deputy Judicial Integrity Officers, and the Board— shall consult, with regard to the development of regulations, with— the Chair of the Administrative Conference of the United States; the Director of the Administrative Office of United States Courts; and the Director of the Office of Personnel Management; and may consult with any other persons with whom consultation, in the opinion of the Board, the Judicial Integrity Officer, or either of the Deputy Judicial Integrity Officers, may be helpful.