Current Projects

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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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Administrative exhaustion is a familiar feature of administrative law jurisprudence.  It normally bars a party from appealing an agency action (typically an agency adjudication) to a court until the party pursues all available administrative appeals.  A corollary doctrine would bar a party that did exhaust administrative remedies from raising in litigation challenging the agency action any issue it did not raise before the agency.  This facet...

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Since 1983, the Regulatory Information Service Center within the General Services Administration has published the Unified Agenda, which is intended to provide a comprehensive overview of upcoming regulatory and deregulatory actions by all federal agencies.