Current Projects

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The Administrative Conference’s Recommendation 73-1, Adverse Agency Publicity examines statements made by an agency or its personnel which invite public attention to an agency’s action and which may adversely affect persons identified therein. This recommendation was produced in an era where adverse publicity was used as a primary method of enforcement by some agencies.

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This recommendation offers practical guidance regarding how best to conduct video hearings, and addresses the following subjects:  equipment and environment, training, financial considerations, procedural practices, fairness and satisfaction, and collaboration among agencies.  It also provides for the development of a video hearings handbook by ACUS’s Office of the Chairman.  

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The Conference is studying procedures and best practices for issuing declaratory orders in administrative adjudications.  This study will address the following issues:

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The Administrative Procedure Act (APA) defines “license” as “the whole or a part of an agency permit, certificate, approval, registration, charter, membership, statutory exemption or other form of permission.”  Other than a few scattered references, the APA otherwise does not establish any uniform procedures for the issuance, renewal, or cancellation of federal permits or licenses.  Consequently, practices vary substantially from agency to...

Background Information: One of the Conference’s most important prior achievements was its role in encouraging federal agencies to make use of alternative dispute resolution (“ADR”).

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This recommendation identifies agency procedures and best practices for accepting, processing, and responding to petitions for rulemaking.  It seeks to ensure that the public’s right to petition is a meaningful one, while still respecting the need for agencies to retain decisional autonomy.  Building upon ACUS’s previous work on the subject, it provides additional guidance that may make the petitioning process more useful for agencies,...

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This recommendation examines agencies’ procedures for reanalyzing and amending existing regulations and offers recommendations designed to promote a culture of retrospective review at agencies.  Among other things, it urges agencies to plan for retrospective review when drafting new regulations; highlights considerations germane to selecting regulations for reevaluation; identifies factors relevant to ensuring robust review; and encourages...

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Since 1983, the Regulatory Information Service Center within the General Services Administration has published the Unified Agenda, which is intended to provide a comprehensive overview of upcoming regulatory and deregulatory actions by all federal agencies.