Public Availability of Settlement Agreements in Agency Enforcement Proceedings

Recommendation 2022-6, Public Availability of Settlement Agreements in Agency Enforcement Proceedings  – identifies best practices for providing public access to settlement agreements reached during administrative enforcement proceedings without disclosing legally protected materials, consistent with the transparency objectives and privacy considerations of the Freedom of Information Act, Privacy Act, and other relevant laws. It builds on several other recommendations of the Administrative Conference that encourage agencies to proactively disclose other important materials related to the adjudication of cases, including orders and opinions, supporting records, adjudication rules and policies, and litigation materials.

Featured Documents:

Final Recommendation:

Project Documents

Name Committee Type Date File
Public Availability of Agency Settlement Agreements Committee Meeting Agenda 10.28.22 Regulation Agenda Download
Public Availability of Agency Settlement Agreements Committee Meeting Agenda 10.14.22 Regulation Agenda Download
Public Availability of Settlement Agreements in Agency Enforcement Proceedings RFP Download
Public Availability of Settlement Agreements in Agency Enforcement Proceedings Regulation Recommendation Download
Plenary Redline for Public Availability of Settlement Agreements in Agency Enforcement Proceedings Recommendation Download
Plenary Clean for Public Availability of Settlement Agreements in Agency Enforcement Proceedings Regulation Recommendation Download
Public Availability of Settlement Agreements in Agency Enforcement Proceedings Draft Recommendation from Committee 10.28.22 Regulation Recommendation Download
Public Availability of Agency Settlement Agreements Draft Recommendation for Committee 10.25.22 Regulation Recommendation Download
Public Availability of Agency Settlement Agreements Draft Recommendation for Committee 10.7.22 Regulation Recommendation Download
Public Availability of Agency Settlement Agreements Final Report 11.30.22 Report Download
Public Availability of Agency Settlement Agreements Draft Report 9.30.22 Regulation Report Download
Comment from Special Counsel Jeff Lubbers on Public Availability of Settlement Agreements in Agency Enforcement Proceedings Public Comment Download
Comment from Senior Fellow Alan Morrison on Public Availability of Agency Settlement Agreements 12.1.22 Public Comment Download
Comment from Government Member David Grahn on Public Availability of Agency Settlement Agreements Regulation Public Comment Download