| BEST PRACTICES |
SUCCESFUL COUNTRIES |
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Notice
and Comment
The public should be given a reasonable amount of time before new or revised
regulations are implemented to comment on, understand, and take steps to comply
with the changes. |
Australia, Canada, Japan, Korea,
South Africa, United States |
Systematic Reliance on Public Consultation
There should be a mechanism for receiving and assessing comments from the public about proposed and current regulations.
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Australia, Brazil, Canada, Chile, Czech Republic, Ireland, Korea,
South Africa, United States |
Accessibility
Current and proposed regulations should be easily accessible in writing and on the internet.
Government sponsored meetings regarding proposed or current regulations should be open to the public or transcripts of these meetings should be available to the public.
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Australia, Canada, Chile, Hungary, United States |
Clarity of Requirements
Applications for licensing should clearly state all requirements.
The government should create a system for answering inquiries about regulatory requirements, interpretations, and exceptions that is easily accessible and responsive to the public.
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Australia, Canada, Chile, China, Egypt, Ireland, Spain,
United States |
Impartial, Reliable, and Timely Action by Government Agencies
There should be a strict policy of non-discrimination.
Denials of licenses or applications must be justified strictly on the basis of factors explicitly identified in the regulations.
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Australia, Canada, Chile, China, Egypt, Ireland, Spain, United States |
Simplicity and Affordability
of Licensing Process
Licensing decisions should be made promptly and the licensing fees should not be excessive.
Confidential information from the applicant should not be publicly disclosed.
A timely, nondiscriminatory appeals process should be available for applicants whose applications are denied.
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Australia, Canada, Chile, Korea, South Africa, United States |
Regulatory Enforcement
Market participants should be notified immediately if they are found to be in violation of a regulation and should have an opportunity to be heard, submit evidence, and retain counsel if necessary. -Regulatory authorities should have the burden of proof and all of their evidence should be available to the party accused of the violation. -Sanctions should not be imposed in an unfair or discriminatory manner. |
Hungary, Ireland, Japan, Korea, Spain, United States |
Regulatory Impact
Assessments
Regulatory impact assessments that include a cost/benefit analysis should
be required for all proposed and existing regulations. |
Australia, Canada,
Hungary, Korea, United States |
Transparent and Effective
Administrative Remedies
An effective and responsive complaints system should be implemented for those who wish to file complaints alleging discrimination, arbitrary actions by officials, delays in licensing proceedings, or other discrepancies in administrative procedures.
Judgments on appeals of regulatory decisions should be enforced. |
Australia, Canada, Hungary, Korea,Spain, United States |
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