Adjudication

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 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...

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Recommendation 2014-7 – Best Practices for Using Video Teleconferencing for Hearings offers practical guidance regarding how best to conduct video hearings, and addresses the following subjects: Equipment and environment, training, financial considerations, procedural practices, fairness and satisfaction, and collaboration among agencies.

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Recommendation 2015-3 - Declaratory Orders identifies contexts in which agencies should consider the use of declaratory orders in administrative adjudications.

Recommendation 2018-3 – Electronic Case Management in Federal Administrative Adjudication offers guidance for agencies considering whether and how to implement an electronic case management system.

Committee:

Recommendation 2016-4 – Evidentiary Hearings Not Required by the Administrative Procedure Act offers best practices to agencies for structuring evidentiary hearings that are not required by the Administrative Procedure Act. It suggests ways to ensure the integrity of the decisionmaking process; sets forth recommended pre-hearing, hearing, and post-hearing practices; and urges agencies to describe their practices in a...

Committee:

Recommendation 2012-3 – Immigration Removal Adjudication addresses the problem of case backlogs in immigration removals and suggests ways to enhance efficiency and fairness in these cases. 

Committee:

Recommendation 2013-1 – Improving Consistency in Social Security Disability Adjudication identifies ways to improve the adjudication of Social Security disability benefits claims before administrative law judges and the Social Security Administration’s Appeals Council, suggests changes to the evaluation of opinion evidence from medical professionals, and encourages the SSA to enhance data capture and reporting.

Committee:

Recommendation 2018-4Recusal Rules for Administrative Adjudicators urges agencies to issue procedural rules governing the recusal of adjudicators to ensure both impartiality and the appearance of impartiality in agency adjudications.