Office of the Chairman Projects

Status:
Current

This project studies the roles and responsibilities of agency heads in agencies that perform both enforcement and adjudicatory functions. Though the APA bars investigatory or prosecutorial officials from later serving as or advising an adjudicator in the same case, it explicitly exempts agency heads.

Status:
Current

This project studies how federal agencies use and might better use different types of alternative dispute resolution (ADR)—including conciliation, facilitation, factfinding, minitrials, arbitration, the use of ombuds, and mediation—to resolve agency adjudications to resolve agency adjudications related to their core statutory authorities.

Status:
Current

Classification of Agency Guidance will develop a classification system to catalog the wide array of guidance agencies issue, which can range from policy manuals to phone calls. It will also identify considerations and circumstances that lead agencies to use one type of guidance instead of another.

Status:
Current

Contractors in Rulemakings explores the legal and practical considerations agencies face in contracting out certain aspects of the rulemaking process. The project examines the legal constraints applicable to use of contractors in rulemakings. It also considers practical issues associated with using contractors in rulemakings, including potential efficiency gains and oversight challenges.

Status:
Current

The Council on Federal Agency Adjudication provides a forum for the heads of agency adjudication programs to exchange information—about procedural innovations, best management practices, and other subjects of mutual interest—that may be "useful in improving administrative procedure" (5 U.S.C. § 591). The Council also offers a forum for identifying subjects appropriate for ACUS study. 

Status:
Current

The Federal Administrative Procedure Sourcebook is an annotated compilation of the key legal sources—including the Administrative Procedure Act, the Freedom of Information Act, the Congressional Review Act, and executive orders—governing nearly every aspect of administrative procedure.

Status:
Current

Improving Notice of Regulatory Changes studies the extent to which agencies’ current practices for providing public notice of relevant changes in law or policy (“regulatory changes”) might not provide some interested persons with actual notice of those changes.

Status:
Current

This project studies how nationwide injunctions and similar equitable remedies affect the administration of federal regulatory programs.

Status:
Current

The states are laboratories of administrative law. Through this program, the ACUS Office of the Chairman is interested in learning more about how states and localities have innovated in areas of administrative procedure such as rulemaking and enforcement.

ACUS is soliciting information about innovative state- and local-government practices that federal agencies may wish to consider and could feasibly adopt. Examples may include:

Status:
Current

This project catalogs all provisions in the U.S. Code that govern federal judicial review of agency action. Topics include the availability of review, choice of court, administrative exhaustion, limitations periods, and the scope and standard of review. The project will result in a guide for use by Congress, the judiciary, agencies, and the public. Leading experts will serve as project advisors.