The Conference is studying the use and incorporation of electronic case management in agency adjudication in order to make recommendations and share best practices. Electronic case management is a comprehensive system that enables an agency to manage its adjudications for increased efficiency and access.
This study comes out of the Federal Administrative Adjudication project and focuses on adjudication governed outside of the Administrative Procedure Act—commonly referred to as informal adjudication. This study examines pre-hearing, hearing, and post-hearing procedures. Based on the study’s analysis, it will offer best practices regarding, among other things, notice procedures, evidentiary rules, appeal opportunities, and the overall...
Public-private partnerships are increasingly common as a means for federal agencies to address complex challenges. At the federal level, infrastructure public-private partnerships have been the subject of multiple studies and a presidential memorandum, but much less information is available on other forms of public-private partnerships. Agency experience with public-private partnerships varies, and such partnerships involve novel and...
Federal agencies sometimes grant to regulated parties temporary or permanent “waivers” or “exemptions” (also sometimes referred to as “exceptions”) from regulatory requirements.
The ABA’s House of Delegates recently approved Resolution 106B. The Resolution proposes various reforms to the rulemaking provisions of the APA, many of which embrace principles endorsed in past ACUS recommendations. This project identifies points of overlap, and offers the Conference’s views on non-overlapping portions of the Resolution.
Twenty-five years ago, the Administrative Conference studied the potential for use of an ombudsman (or ombuds) in federal agency programs. Recommendation 90-2 provided guidance for the establishment and operation of federal ombuds offices. Since that time, the number, prominence and diversity of federal ombuds offices has grown significantly.