ACUS 71st Plenary Session Concludes

ACUS convened its 71st Plenary Session on June 13 at The George Washington University Law School in Washington, DC. During this event, ACUS voting members adopted four recommendations that seek to enhance administrative procedures within the federal government:

  • Recommendation 2019-1: Agency Guidance Through Interpretive Rules. This recommendation lists steps that agencies can take to offer members of the public the opportunity to propose alternative approaches to those presented in an interpretive rule and to encourage, when appropriate, public participation in the adoption or modification of interpretive rules. Additional information is available here.

  • Recommendation 2019-1: Agency Recruitment and Selection of Administrative Law Judges. This recommendation addresses the processes and procedures agency heads should consider establishing for exercising their authority under Executive Order 13,843 (July 13, 2018) to hire administrative law judges. Additional information is available here.

  • Recommendation 2019-3: Public Availability of Agency Guidance Documents. This recommendation offers best practices for promoting widespread availability of agency guidance documents. Additional information is available here

  • Recommendation 2019-4: Revised Model Rules for Implementation of the Equal Access to Justice Act. This recommendation updates the Conference’s Model Rules for Implementation of the Equal Access to Justice Act (EAJA) related to the award of fees and expenses under EAJA in agency adjudicative proceedings. Additional information is available here.

The text of the adopted recommendations will be published in the Federal Register. The Model EAJA Rules will soon be published in the Code of Federal Regulations.

In addition, ACUS’s Vice Chairman and Executive Director, Matthew L. Wiener, shared with the ACUS Assembly recent implementation successes, announced the availability of significant new publications that map and explain the administrative state, and shed light on a number of new projects of major import:

During a special lunchtime session, the ACUS Assembly also heard from renowned scholars on the use of AI in the federal administrative process.