ACUS has released its newest Information Interchange Bulletin: Agency Appellate Systems: Standards of Review for Factual Findings.
The Bulletin draws on research conducted for Recommendation 2020-3, Agency Appellate Systems. The Recommendation, which ACUS Assembly adopted at its December 2020 plenary session, ecourages agencies to “consider adopting an appellate model . . . in which the standard of review is not de novo with respect to findings of fact and application of law to facts.”
The Bulletin describes the standards that agency appellate bodies most commonly use to review factual findings made in appealed decisions. It also displays the standards of review adopted by appellate bodies at nine federal agencies and explains how agencies choose an appropriate standard of review.
ACUS’s Office of the Chairman releases new Information Interchange Bulletins on an ongoing basis. Previous Bulletins have covered topics such as Federal Register publication requirements, acting agency officials, agency bid protests, and incorporation by reference. All past and future Bulletins are available on our dedicated Information Interchange Bulletin webpage.