§ 51.5 - Requirements for clearance.

§ 51.5 Requirements for clearance.

The Department's review and clearance of guidance documents must ensure that each guidance document proposed to be issued by a Bureau/Office of the Department satisfies the following requirements:

(a) The guidance document complies with and cites all relevant statutes and regulations (including any statutory deadlines for agency action);

(b) The guidance document identifies or includes:

(1) The term “guidance” or its functional equivalent;

(2) The issuing Bureau/Office and the date of issuance;

(3) A unique identifier, including, at a minimum, the date of issuance and title of the guidance document and its Z-Regulatory Identification Number (Z-RIN), if applicable;

(4) The activity or entities to which the guidance applies;

(5) Citations to applicable statutes and regulations;

(6) A statement noting whether the guidance document intends to revise or replace any previously issued guidance document and, if so, sufficient information to identify the previously issued guidance document; and

(7) A short summary of the subject matter covered in the guidance document at the top of the document;

(c) The guidance document should not use mandatory language, such as “shall,” “must,” “required,” or “requirement,” unless the language is describing an established statutory, regulatory, or contractual requirement or is addressed to Department staff and will not foreclose the Department's consideration of positions advanced by affected private parties;

(d) The guidance document is written in plain and understandable English; and

(e) The guidance document must include a clear and prominent statement declaring that the contents of the document do not have the force and effect of law, except as authorized by law or as incorporated into a contract, and are not meant to bind the public in any way, except as authorized by law or as incorporated into a contract, and that the document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.