DOJ Regulations

The Office of Legal Policy (OLP) acts as the principal liaison between the rulemaking components of the Department of Justice, the Office of Information and Regulatory Affairs at the Office of Management and Budget, and other federal agencies. OLP coordinates the regulatory development and the review of virtually all regulations and rule-related notices developed by all Department components. Documents are checked for:

policy consistency,
appropriate interagency and intra-Departmental coordination, and
compliance with all applicable statutory and regulatory requirements.

OLP also assists Department components with the drafting of regulations and notices, along with their clearance and publication in the Federal Register. In addition, OLP reviews regulations and notices drafted by other federal agencies that may affect the Department of Justice.

On November 17, 2017, to further uphold the rule of law in the executive branch, Attorney General Jeff Sessions issued a memorandum prohibiting the Department of Justice from issuing guidance documents that have the effect of adopting new regulatory requirements or amending the law.  That key memo is available here:

Prohibition on Improper Guidance Documents

Following up on the Attorney General’s memorandum and the work of the Department’s Regulatory Reform Task Force, on January 25, 2018 the Associate Attorney General issued a new policy that prevents the Department from using its civil enforcement authority to convert agency guidance documents into binding rules.  That policy is available here:

Limiting Use of Agency Guidance Documents in Affirmative Civil Enforcement Cases

Other Resources

Updated June 20, 2018

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