Completed Projects

Recommendation 2017-7 – Regulatory Waivers and Exemptions provides best practices to agencies in structuring their waiver and exemption procedures for regulatory requirements.

Committee:

Recommendation 2013-6 – Remand Without Vacatur examines judicial remand of an agency decision for further consideration while allowing the decision to remain in place. It examines this remedy and equitable factors that may justify its application. The recommendation offers guidance for courts that remand agency actions and for agencies responding to judicial remands.  

Recommendation 2014-1 – Resolving FOIA Disputes Through Targeted ADR Strategies addresses more effective use of alternative dispute resolution (ADR) approaches to help resolve disputes arising under the Freedom of Information Act (FOIA).

Committee:

Recommendation 2014-5 – Retrospective Review of Agency Rules examines agencies’ procedures for reanalyzing and amending existing regulations and offers recommendations designed to promote a culture of retrospective review at agencies. Among other things, it urges agencies to plan for retrospective review when drafting new regulations; highlights considerations germane to selecting regulations for reevaluation;...

Recommendation 2019-4 – Revised Model Rules for Implementation of the Equal Access to Justice Act revises the Conference’s 1986 model agency procedural rules for addressing claims under the Act, which provides for the award of attorney fees to individuals and small businesses that prevail against the government in certain agency adjudications.

Office of the Chairman Project

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.

Committee:

Recommendation 2011-2 – Rulemaking Comments recognizes innovations in the commenting process that could promote public participation and improve rulemaking outcomes.

Committee:

Recommendation 2020-1, Rules on Rulemakings – encourages agencies to consider issuing rules governing their rulemaking procedures. It identifies subjects that agencies should consider addressing in their rules on rulemakings—without prescribing any particular procedures—and it urges agencies to solicit public input on these rules and make them publicly available.

Committee:

Recommendation 2013-3 – Science in the Administrative Process promotes transparency in agencies’ scientific decision-making, including: articulation of questions to be informed by science information; attribution for agency personnel who contributed to scientific analyses; public access to underlying data and literature; and conflict of interest disclosures for privately funded research used by the agencies in...

Recommendation 2016-6 – Self-Represented Parties in Administrative Hearings offers best practices for agencies dealing with self-represented parties in administrative hearings. Recommendations include the use of triage and diagnostic tools, development of a continuum of services to aid parties, and re-evaluation and simplification of existing hearing practices, where possible.