Precedential Decision Making in Agency Adjudication

Recommendation 2022-4, Precedential Decision Making in Agency Adjudication – identifies best practices on the use of precedential decisions in agency adjudication. It addresses whether agencies should issue precedential decisions and, if so, according to what criteria; what procedures agencies should follow to designate decisions as precedential and overrule previously designated decisions; and how agencies should communicate precedential decisions internally and publicly. It also recommends that agencies codify their procedures for precedential decision making in their rules of practice.

Citation: Admin. Conf. of the U.S., Recommendation 2022-4, Precedential Decision Making in Agency Adjudication, 88 Fed. Reg. 2312 (Jan. 13, 2023).

Contacts:

Implementation Contact

Profile picture for user matt-gluth
202.480.2098 | mgluth@acus.gov

Committee:

Committee on Adjudication

Featured Documents:

Precedential Decision Making in Agency Adjudication (Final Report)
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Final Recommendation:

Precedential Decision Making in Agency Adjudication

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Precedential Decision Making in Agency Adjudication
Recommendation number
2022-4
Adoption Date
Committees
Committee on Adjudication

Project Documents

Name Committee Type Date File
Precedential Decision Making in Agency Adjudication Committee Meeting Agenda 10.21.22 Committee on Adjudication Agenda
Precedential Decision Making in Agency Adjudication Committee Meeting Agenda 11.04.22 Committee on Adjudication Agenda
Precedential Decision Making in Agency Adjudication Committee on Adjudication Recommendation Download
Precedential Decision Making in Agency Adjudication Draft Recommendation for Committee 10.17.22 Committee on Adjudication Recommendation Download
Precedential Decision Making in Agency Adjudication - For Plenary - Redline Committee on Adjudication Recommendation Download
Precedential Decision Making in Agency Adjudication - For Plenary - Clean Committee on Adjudication Recommendation Download
Precedential Decision Making in Agency Adjudication Proposed Recommendation from Committee Committee on Adjudication Recommendation Download
Precedential Decision Making in Agency Adjudication Draft Recommendation for Committee 11.01.22 Committee on Adjudication Recommendation Download
Precedential Decision Making in Agency Adjudication Draft Report 10.17.22 Committee on Adjudication Report Download
Precedential Decision Making in Agency Adjudication (Final Report) Committee on Adjudication Report Download
Comment From Public Member Jack M. Beermann on Precedential Decision Making in Agency Adjudication 10.19.22 Committee on Adjudication Comment Download
Comment from Special Counsel Jeffrey Lubbers on Precedential Decision Making in Agency Adjudication Committee on Adjudication Comment Download
Comment from Senior Fellow Alan Morrison on Precedential Decision Making in Agency Adjudication Committee on Adjudication Comment Download
Comment from Stacey Cole on Precedential Decision Making in Agency Adjudication Committee on Adjudication Comment Download
Comment from Wendy Blake on Precedential Decision Making in Agency Adjudication Committee on Adjudication Comment Download
Comment from Liaison William Funk on Precedential Decision Making in Agency Adjudication Committee on Adjudication Comment Download
Comment from Senior Fellow Russell R. Wheeler on Precedential Decision Making in Agency Adjudication Committee on Adjudication Comment Download
Comment from Special Counsel Jeffrey S. Lubbers on Precedential Decision Making in Agency Adjudication Committee on Adjudication Comment Download
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