Participation of Senate-Confirmed Officials in Administrative Adjudication

This project examines, as a legal and practical matter, whether, when, how, and how often agency heads and other Senate-confirmed officials participate in the adjudication of cases across a range of federal administrative programs. For agencies that have decided to provide or are considering providing for participation by Senate-confirmed officials in the adjudication of individual cases, the project will identify principles and practicalities that agencies should consider in structuring such participation and recommend best practices for developing and communicating relevant policies regarding such participation. This project does not address whether agencies should, for constitutional or other reasons, provide for participation by Senate-confirmed officials in specific programs.

Contacts:

Staff Counsel

Project Documents

Name Committee Type Date File
Agenda for April 17, 2024, Meeting Committee on Adjudication Agenda Download Agenda for April 17, 2024, Meeting
Participation of Senate-Confirmed Officials in Administrative Adjudication - Draft Recommendation for April 17, 2024 Meeting Committee on Adjudication Recommendation Download Participation of Senate-Confirmed Officials in Administrative Adjudication - Draft Recommendation for April 17, 2024 Meeting
Participation of Senate-Confirmed Officials in Administrative Adjudication - Draft Recommendation for May 1, 2024 Meeting Committee on Adjudication Recommendation Download Participation of Senate-Confirmed Officials in Administrative Adjudication - Draft Recommendation for May 1, 2024 Meeting
Participation of Senate-Confirmed Officials in Administrative Adjudication - Draft Report Committee on Adjudication Report Download Participation of Senate-Confirmed Officials in Administrative Adjudication - Draft Report
Comment from Senior Fellow Russell Wheeler on Participation of Senate-Confirmed Officials in Administrative Adjudication Committee on Adjudication Comment Download Comment from Senior Fellow Russell Wheeler on Participation of Senate-Confirmed Officials in Administrative Adjudication
Comment from Senior Fellow Jack Beermann on Participation of Senate-Confirmed Officials in Administrative Adjudication Committee on Adjudication Comment Download Comment from Senior Fellow Jack Beermann on Participation of Senate-Confirmed Officials in Administrative Adjudication
  .