Participation of Senate-Confirmed Officials in Administrative Adjudication

This project examines, as a legal and practical matter, whether, when, how, and how often agency heads and other Senate-confirmed officials participate in the adjudication of cases across a range of federal administrative programs. For agencies that have decided to provide or are considering providing for participation by Senate-confirmed officials in the adjudication of individual cases, the project will identify principles and practicalities that agencies should consider in structuring such participation and recommend best practices for developing and communicating relevant policies regarding such participation. This project does not address whether agencies should, for constitutional or other reasons, provide for participation by Senate-confirmed officials in specific programs.


Staff Counsel