This series highlights selected ACUS projects. To learn more about ongoing projects, subscribe to our mailing list.
Three Proposed Recommendations from Committees
The Regulation, Rulemaking, and Adjudication Committees met over the past month to consider projects. All three have developed proposed recommendations for consideration:
Regulation Committee: Public Availability of Settlement Agreements in Agency Enforcement Proceedings
Rulemaking Committee: Regulatory Enforcement Manuals
Adjudication Committee: Precedential Decision Making in Agency Adjudication
Pending Council approval, the Assembly will consider the three proposed recommendations at the 78th Plenary Session in December.
Upcoming Public Forum with Legal Services Corporation
ACUS and Legal Services Corporation will be co-hosting an upcoming forum, Assisting Parties in Federal Administrative Adjudication. The first panel (December 6, 2022, from 1:00–2:00 p.m. ET) will examine why many parties, especially members of historically underserved communities, do not have professional representation and address whether and how self-representation impacts procedural fairness, substantive outcomes, and administrative efficiency. Panelists will address potential strategies that public- and private-sector institutions can implement to expand access to representation in federal adjudication processes and challenges for implementing them.
Future panels will address ways to promote effective representation of parties by lawyers and nonlawyers and to expand services for self-represented parties.
Federal News Network Interviews
Chair Andrew Fois and new Council member Fernando Laguarda joined Federal News Network’s Federal Drive with Tom Temin to discuss ACUS’s mission, organization, and work and developments in administrative procedure. Listen to the conversations here and here.
ACUS is Hiring
ACUS is actively recruiting up to two experienced attorney advisors. We are especially interested in candidates who have significant prior experience with federal agency rulemaking and regulation. All applications received through Sunday, November 20 will receive consideration.
Please see the announcement for additional details. Members are encouraged to share the announcement with colleagues and potentially interested applicants.
First Statement of Principles Now Available
The Statement of Principles for the Disclosure of Federal Administrative Materials is now available on the ACUS website. It represents an effort by the Office of the Chair to synthesize the many recommendations the Assembly has adopted on the subject and will be updated as new recommendations are adopted. Thanks to all members who shared their thoughts on a draft statement before, during, and after the June 2022 Plenary Session.