This article was co-authored by Michael Asimow, Professor of Law at Stanford Law School, and Francis Massaro, Attorney Advisor at ACUS
While much attention on agency adjudication focuses on hearings involving Administrative Law Judges (ALJs) under the Administrative Procedure Act...
In 1993, following several years of careful research and deliberation, the Conference’s Office of the Chairman adopted the agency’s Model Adjudication Rules (MARs). Crafted by a working group of experts hailing primarily from federal agencies and private law firms, the MARs are model rules of...
This is a guest post authored by Nicholas Parrillo, a Professor at Yale Law School. This post is the result of the author’s independent research and does not necessarily represent the views of the Administrative...
Making sound regulatory decisions demands information and analysis. Several ACUS recommendations encourage agencies to gather data when making new rules and when reviewing existing rules. These recommendations reinforce analytic demands imposed on agencies by legislation, executive orders, and...
This is a guest post authored by Aaron Nielson and reprinted from the Yale Journal on Regulation's Notice and Comment blog. Aaron Nielson is an Associate Professor at Brigham Young University Law School. This post is the result of the author’s independent research and does...
Agencies invest heavily in making the basis and requirements of rules clear to regulatory stakeholders and the public at large, including by using “plain language” or “plain writing.” Importantly, writing in plain language does not mean abandoning complexity or nuance, nor does it mean omitting...
On the morning of Friday, September 29, a distinguished group of academics, agency officials, and other experts will meet on Capitol Hill to address federal administrative adjudication in the context of the larger administrative state and offer possible reforms that agencies and Congress might...
In July 2017, the Trump Administration announced a change to the Unified Agenda of Regulatory and Deregulatory Actions (commonly known simply as the “Unified Agenda”) that accords with a recent ACUS recommendation. This change creates greater transparency in the rulemaking process.
The...
Negotiated rulemaking, or RegNeg, involves convening balanced committees that include members of the public who represent the interests likely to be affected by a proposed rule. Committee members meet to discuss and seek agreement on many or all parts of proposed rules before the public comment...
Publication first appeared as a blog post on Notice & Comment, a blog from the Yale Journal on Regulation and the ABA Section of Administrative Law & Regulatory...
