In Recommendation 2013-4, the Administrative Conference offered best practices for preserving, compiling, and certifying records for judicial review of informal rulemaking. The Conference also encouraged agencies to issue guidance to aid personnel in implementing those best practices.
At the request of the Social Security Administration (SSA), the Office of the Chairman studied the impact of the pilot program in Region I which, according to 20 C.F.R §§ 405.316, 405.331, both requires notice of the ALJ hearing 75 days prior to the hearing date, and closes the evidentiary record five days before the hearing date absent a showing of good cause. The report reviewed and analyzed SSA’s statute and current regulations, as well...
The Administrative Conference undertook a project to map the contours of the federal administrative adjudicatory process, including both “formal” adjudication conducted under the Administrative Procedure Act and “informal” adjudication. There was no single, up-to-date resource that painted a comprehensive picture of agency adjudications across the federal government. This study aimed to fill the knowledge gap by:
This project examines federal administrative adjudication that is not subject to the adjudicatory provisions of the Administrative Procedure Act (i.e., non-APA adjudication) and takes the form of a sourcebook for agencies, Congress, the federal judiciary, and the public.
The Guide for ACUS Consultants offers practical guidance to consultants on the major issues that consultants commonly navigate in conducting research for ACUS. Topics addressed include how to identify interview subjects, ensure adequate sample sizes, and ensure that the sample of interviewees is representative of the population being studied.
This memorandum provides an overview of agency use of video teleconferencing (VTC) for administrative hearings from the early 1990s through 2014. Year-by-year, it describes VTC usage at agencies.
The Model Adjudication Rules are designed for use by federal agencies to amend or develop their procedural rules for all stages of administrative adjudication. Numerous agencies have relied on the Model Rules to improve existing adjudicative schemes, and new agencies, like the Consumer Financial Protection Bureau, have relied on them to design their procedures.
Recusal, the voluntary or involuntary withdrawal of an adjudicator from a particular proceeding, is an important tool for maintaining the integrity of adjudication.
The Office of the Chairman of the Administrative Conference of the United States issued Revised Model Rules for Implementation of the Equal Access to Justice Act (EAJA) in August 2019.