September 9, 2015 Committee Meeting

September 9, 2015 Committee Meeting
  • September 9, 2015 - 10:00 am to 5:00 pm EDT
Administrative Conference of the United States
1120 20th St. NW, Ste 706 S Washington, DC 20036

Prior to convening the 63rd Plenary Session of the Administrative Conference of the United States, an ad hoc Committee on Issue Exhaustion, comprising all voting and non-voting members of the Conference, will meet to consider and debate a proposed statement on "Issue Exhaustion in Preenforcement Judicial Review of Administrative Rulemaking."  All members of the Conference (i.e., Public, Government, Liaison Representatives, Special Counsels and Senior Fellows) may participate and vote during this ad hoc committee meeting, regardless of their regular committee assignments. The committee meeting will be chaired by Ron Levin (who normally chairs the Committee on Judicial Review).  The Conference previously considered a proposed recommendation on the Issue Exhaustion project during the 62nd Plenary Session, held on June 4, 2015.  All documents, meeting agendas, and videos related to this project through June 2015 can be found on the Judicial Review project page and on the 62nd Plenary Session page. The proposed recommendation has since been modified as a statement to account for concerns that were raised during the 62nd Plenary Session.

Public Participation in the Committee Meeting

The Conference welcomes the attendance of the public at the in-person committee meeting, subject to space limitations, and will make every effort to accommodate persons with disabilities or special needs.  If you wish to attend in person, you may do so using the RSVP button on this page, or by sending an email message to no later than two days before the meeting (with “RSVP” in the subject line), in order to facilitate entry and to confirm space availability.  Members of the public who attend the meeting may be permitted to speak only with the consent of the Chairman and the unanimous consent of the committee.  Committee members and the public may also view the meeting via live webcast, which will be available via Livestream

If you need special accommodations due to disability, please inform the Designated Federal Officer, General Counsel Shawne McGibbon, at least seven days in advance of the meeting. 

How to Submit Comments In Advance of the Committee Meeting

Persons who wish to comment on the draft proposed statement may do so by submitting written comments, either online by clicking below on “Submit a Comment” or by U.S. Mail addressed to:  Committee Meeting Comments (Issue Exhaustion), Administrative Conference of the United States, Suite 706 South, 1120 20th Street, NW, Washington, DC 20036.  Comments for the September 9 committee meeting must be relevant to the proposed statement and received no later than Friday, September 4, at 6:00 p.m., to ensure consideration.  

September 9, 2015 - 10:00 am EDT


General Counsel

Research Projects

Statement #19 – Issue Exhaustion in Pre-Enforcement Judicial Review of Administrative Rulemaking examines judicial application of an issue exhaustion requirement in pre-enforcement review of administrative rulemaking.