Current Projects

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Federal agencies sometimes grant to regulated parties temporary or permanent “waivers” or “exemptions” (also sometimes referred to as “exceptions”) from regulatory requirements.

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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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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...

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This recommendation examines judicial application of an issue exhaustion requirement in preenforcement review of administrative rulemaking.  It urges courts to recognize that issue exhaustion principles developed in the context of adversarial agency adjudications may not always apply in the context of preenforcement review of rulemaking,  but also recognizes that courts generally should not resolve issues litigants did not raise during the...

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This recommendation offers proposals for improving the accuracy and transparency of the Unified Agenda of Federal Regulatory and Deregulatory Actions.  Among other things, it urges agencies to consider providing relevant updates between Agenda reporting periods, offers recommendations for ensuring that Agenda entries are properly categorized by projected issuance date and status, and encourages agencies to provide notice when entries are...

The need for improvement in negotiated rulemaking, interagency coordination, and retrospective review by the agencies that administer grants and other federal programs at American universities has become the subject of recent attention from the Association of American Universities, the Council on Governmental Relations, and other prominent professional organizations.  It is one component of a broader discussion about whether higher education...

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This project will study the role of federal agencies in providing technical assistance to Congress in statutory drafting.  Using a case study methodology, the study will examine the various organizational models for agency involvement in providing technical statutory drafting assistance to Congress and identify best practices.