Completed Projects

Office of the Chairman Project

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.  Most studies of federal agency adjudication—by the Conference or others—took place years ago or assessed only limited aspects of the adjudication process.  There was no single, up-to-date resource that...

Recommendation 2011-7 – FACA in the 21st Century addresses the administrative load imposed by Federal Advisory Committee Act (FACA) and offers proposals to Congress, the General Services Administration, and agencies that use advisory committees, to alleviate certain procedural burdens associated with the existing regime, clarify the scope of the Act, and enhance the transparency and objectivity of the...


Recommendation 2015-4 - Designing Federal Permitting Programs describes different types of permitting systems and provides factors for agencies to consider when designing or reviewing permitting programs.

Recommendation 2011-3 – Government Contractor Ethics addresses the increasing use of contractors in government and asks the Federal Acquisition Regulation Council to adopt revisions regarding compliance standards for government contractor employees relating to personal conflicts of interest and use of certain non-public information.  In February 2013, the American Bar Association’s House of Delegates adopted a...

Recommendation 2014-2Government in the Sunshine Act highlights best practices designed to enhance transparency of decision making at multi-member boards and commissions subject to the Government in the Sunshine Act.  The recommendation urges covered agencies to provide a description of the primary mechanisms for conducting business, describe substantive business disposed of outside of open meetings...

Recommendation 2013-7 – Review of GPRA Modernization Act of 2010 examines the Act’s requirements for cross-agency collaboration; identifies existing constraints to collaboration; highlights tools available to help agencies collaborate; and recommends potential new or enhanced avenues of collaboration.  

Recommendation 2014-3Guidance in the Rulemaking Process identifies best practices for agencies when providing guidance in preambles to final rules.  It suggests ways that agencies can improve the drafting and presentation of these preambles, including making it easier to identify any guidance content.  The recommendation also urges agencies to ensure that users of their websites can easily locate the...

Office of the Chairman Project

This memorandum provides an overview of agency use of video teleconferencing for administrative hearings from the early 1990s through 2014.


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. Much of the recommendation was incorporated into the bipartisan immigration legislation (S. 744) that passed the Senate.  

Recommendation 2012-5 – Improving Coordination of Related Agency Responsibilities addresses the problem of overlapping and fragmented procedures associated with assigning multiple agencies similar or related functions, or dividing authority among agencies.