Completed Projects

Committee:

Recommendation 2014-4 – “Ex Parte” Communications in Informal Rulemaking provides guidance and best practices to agencies for managing "ex parte" communications between agency personnel and nongovernmental interested persons regarding the substance of informal rulemaking proceedings conducted under 5 U.S.C. § 553.

Recommendation 2017-1 – Adjudication Materials on Agency Websites provides guidance regarding the online dissemination of administrative adjudication materials.

Committee:

This project explores agencies’ use of administrative judges (AJs), who preside over hearings outside of those governed by the Administrative Procedure Act. It studies the use of AJs across numerous agencies and offers recommendations on selection, supervision, evaluation, and removal practices. A proposed recommendation from the Committee on Adjudication was on the agenda of the June 2018 Plenary Session.

Committee:

Recommendation 2013-4 – Administrative Record in Informal Rulemaking offers best practices for agencies in the compilation, preservation, and certification of records in informal rulemaking, and it supports the judicial presumption of regularity for agency administrative records except in certain limited circumstances.  

Committee:

Recommendation 2017-5 – Agency Guidance Through Policy Statements, formerly titled Agency Guidance, provides best practices to agencies on the formulation and use of policy statements. It lists steps that agencies can take to remain flexible in their use of policy statements and to encourage, when appropriate, public participation in the adoption or modification of policy statements.

Committee:

Recommendation 2011-8 – Agency Innovations in e-Rulemaking addresses how Federal agency rulemaking can be improved by better use of Internet-based technologies. The recommendation proposes ways agencies can make rulemaking information, including open dockets, comment policies, and materials from completed rulemakings, more accessible electronically.

Committee:

Recommendation 2010-1 – Agency Procedures for Considering Preemption of State Law addresses agency procedures for determining whether to preempt state law.

Recommendation 2012-7 – Agency Use of Third-Party Programs to Assess Regulatory Compliance addresses issues that arise when agencies develop programs in which third parties assess whether regulated entities are in compliance with regulatory standards and other requirements.

Committee:

Recommendation 2011-4Agency Use Of Video Hearings: Best Practices And Possibilities For Expansion addresses best practices for the use of video hearings by federal government agencies with high volume case loads as a means of reducing caseload backlog and conducting more efficient adjudication.

Committee:

Recommendation 2016-2 – Aggregate Agency Adjudication provides guidance to agencies on the use of aggregation techniques to resolve similar claims in adjudications. It sets forth procedures for determining whether aggregation is appropriate. It also considers what kinds of aggregation techniques should be used in certain cases and offers guidance on how to structure the aggregation proceedings to promote both...