Administrative Record in Informal Rulemaking

Recommendation 2013-4 – Administrative Record in Informal Rulemaking offers best practices for agencies in the compilation, preservation, and certification of records in informal rulemaking, and it supports the judicial presumption of regularity for agency administrative records except in certain limited circumstances.  

Citation: Admin. Conf. of the U.S., Recommendation 2013-4, Administrative Record in Informal Rulemaking78 Fed. Reg. 41358 (July 10, 2013).

Featured Documents:

Final Recommendation:

Administrative Record in Informal Rulemaking

Recommendation number
2013-4
Adoption Date
Committees

The administrative record in informal rulemaking plays an essential role in informing the public of potential agency action and in improving the public’s ability to understand and participate in agency decisionmaking. As well, the administrative record can be essential to judicial review of agency decisionmaking under the Administrative Procedure Act (APA), which directs courts to “review the w

Project Documents

Name Committee Type Date File
Report of the Conference on Administrative Procedure called by the President of the United States Judicial Review Publication Download
Webcast of the Committee’s October 3, 2012 Meeting Judicial Review Webcast
Webcast of the Committee’s October 17, 2012 Meeting Judicial Review Webcast
Committee on Judicial Review Meeting Minutes Judicial Review Meeting Minutes Download
Administrative Record Draft Recommendation Judicial Review Recommendation Download
Administrative Record Report Draft Judicial Review Report Download
Jim Tozzi Comment Judicial Review Member Comment Download
Committee on Judicial Review Meeting Minutes Judicial Review Meeting Minutes Download
Webcast of the Committee's March 19, 2013 Meeting Judicial Review Webcast
Committee on Judicial Review Meeting Agenda Judicial Review Agenda Download
Administrative Record Revised Draft Report Judicial Review Report Download
Administrative Record Redline Revised Draft Report Judicial Review Report Download
Administrative Record Redline Revised Draft Recommendation Judicial Review Recommendation Download
Administrative Record Revised Draft Recommendation Judicial Review Recommendation Download
Alan Morrison Comment Judicial Review Member Comment Download
David Shonka Comment Judicial Review Member Comment Download
Webcast of the Committee's April 3, 2013 Meeting Judicial Review Webcast
Administrative Record Revised Draft Recommendation with Judicial Review Provisions Judicial Review Recommendation Download
Committee on Judicial Review Meeting Agenda Judicial Review Agenda Download
Administrative Record Further Revised Draft Recommendation Judicial Review Recommendation Download
Draft Administrative Record Recommendation _ Member Comments Judicial Review Recommendation Download
Webcast of the Committee's April 22, 2013 Meeting Judicial Review Webcast
Committee on Judicial Review Meeting Agenda Judicial Review Agenda Download
Agency Practices and Judicial Review of Administrative Records in Informal Rulemaking Report Judicial Review Publication Download
COJR _ Administrative Record Draft Report _ Redline 3/27/13 to 5/14/13 Judicial Review Report Download
Administrative Record Proposed Recommendation Judicial Review Recommendation Download
Administrative Record Proposed Recommendation Proposed Amendments Judicial Review Recommendation Download
Administrative Record in Informal Rulemaking _ Proposed to Final Recommendation Redline Judicial Review Recommendation Download
Administrative Record in Informal Rulemaking Judicial Review Recommendation Download
Committee on Judicial Review Meeting Minutes Judicial Review Meeting Minutes Download

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