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.
Current Projects
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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...
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The Conference is studying agency use of negotiated rulemaking and other collaborative mechanisms to involve stakeholders in the process of crafting agency rules.
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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...
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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 Conference is studying self-represented parties in administrative hearings in order to develop best practices and make recommendations for agencies to improve fairness and efficiency in administrative hearings.
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In a Conference-sponsored study of federal court review of Social Security disability adjudication, Professors Jonah Gelbach (University of Pennsylvania Law School) and David Marcus (University of Arizona Rogers College of Law) have recommended the development of a set of procedural rules specific to judicial review of social security disability adjudication. The Social Security Administration has requested that the Assembly of the Conference...
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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.