Completed Projects

Committee:

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

Committee:

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.

Committee:

Recommendation 2021-3, Early Input on Regulatory Alternatives — offers guidance about whether, when, and how agencies should solicit input on alternatives to rules under consideration before issuing notices of proposed rulemaking.

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...

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. 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:

Office of the Chairman Project

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.

Recommendation 2020-4, Government Contract Bid Protests Before Agencies – suggests improvements to the procedures governing agency-level procurement contract disputes—commonly called bid protests—under the Federal Acquisition Regulation and agency-specific regulations to make those procedures more simple, transparent, and predictable. It urges agencies to clarify what types of decisions can be the subjects of agency-...

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.