ACUS Announces Publication of Report on Agency Recusal Rules and Practices

Contact: Harry M. Seidman

ACUS Announces Publication of Report on Agency Recusal Rules and Practices

Washington, D.C., May 19, 2020 – ACUS is pleased to announce the publication of a new report, Administrative Recusal Rules: A Taxonomy and Study of Existing Recusal Standards for Agency Adjudicators.

Many agencies have adopted adjudicator recusal standards to maintain the integrity of their adjudication programs. This report reviews recusal standards adopted by more than 60 agencies across the federal government. It surveys the substantive standards and procedural requirements agencies have adopted for recusal and explores how recusal standards might vary across agencies according to each agency’s institutional features. A series of tables classifies dozens of recusal policies according to the report’s taxonomy of recusal standards.

ACUS adopted a recommendation in 2018 that encouraged agencies to adopt rules governing the recusal of certain agency adjudicators. This report will help agencies implement that recommendation.

Louis J. Virelli, III, Professor of Law at Stetson University, authored this report. Professor Virelli previously served as a consultant to ACUS on the 2018 recommendation on recusal rules.

About ACUS

The Administrative Conference of the United States is an independent federal agency dedicated to improving the administrative process through consensus-driven applied research and providing nonpartisan expert advice and recommendations for federal agency procedures. Its membership is composed of senior federal officials, academics, and other experts from the private sector. Except for the Chairman, all Conference Members are unpaid.

The Conference is committed to promoting effective public participation and efficiency in the rulemaking process by leveraging interactive technologies and encouraging open communication with the public as well as making improvements to the regulatory process by reducing unnecessary litigation, and improving the use of science and the effectiveness of applicable laws.

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