Administrative Record in Informal Rulemaking

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Committee: 
Administrative Record in Informal Rulemaking in stage 8. Implementation

Project Stages:

1. Gather ideas - Completed
2. Select ideas - Completed
3. Council approval - Completed
4. Picking a researcher - Completed
5. Committee consideration - Completed
6. Back to the council - Completed
7. Consideration by the full conference - Completed
8. Implementation - Current
Stage:  
8. Implementation
Status Notes:  
Recommendation 2013-4 adopted June 14, 2013.

Contacts

Implementation Contact
202.480.2092
GBourns@acus.gov
Media
braedy@acus.gov

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.  

Final Recommendation

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 whole record or those parts of it...

Project Documents

Name Committee Type Datesort descending
Report of the Conference on Administrative Procedure called by the President of the United States Judicial Review Publication April 29, 1953 Download
Webcast of the Committee’s October 3, 2012 Meeting Judicial Review Webcast October 3, 2012 Watch Video
Committee on Judicial Review Meeting Minutes Judicial Review Meeting Minutes October 17, 2012 Download
Webcast of the Committee’s October 17, 2012 Meeting Judicial Review Webcast October 17, 2012 Watch Video
Administrative Record Draft Recommendation Judicial Review Recommendation March 15, 2013 Download
Administrative Record Report Draft Judicial Review Report March 15, 2013 Download
Jim Tozzi Comment Judicial Review Member Comment March 17, 2013 Download
Committee on Judicial Review Meeting Agenda Judicial Review Agenda March 19, 2013 Download
Committee on Judicial Review Meeting Minutes Judicial Review Meeting Minutes March 19, 2013 Download
Webcast of the Committee's March 19, 2013 Meeting Judicial Review Webcast March 19, 2013 Watch Video
Administrative Record Redline Revised Draft Report Judicial Review Report March 27, 2013 Download
Administrative Record Revised Draft Report Judicial Review Report March 27, 2013 Download
Administrative Record Redline Revised Draft Recommendation Judicial Review Recommendation March 28, 2013 Download
Administrative Record Revised Draft Recommendation Judicial Review Recommendation March 28, 2013 Download
Alan Morrison Comment Judicial Review Member Comment March 30, 2013 Download
David Shonka Comment Judicial Review Member Comment April 1, 2013 Download
Committee on Judicial Review Meeting Agenda Judicial Review Agenda April 3, 2013 Download
Webcast of the Committee's April 3, 2013 Meeting Judicial Review Webcast April 3, 2013 Watch Video
Administrative Record Revised Draft Recommendation with Judicial Review Provisions Judicial Review Recommendation April 3, 2013 Download
Administrative Record Further Revised Draft Recommendation Judicial Review Recommendation April 18, 2013 Download
Committee on Judicial Review Meeting Agenda Judicial Review Agenda April 22, 2013 Download
Draft Administrative Record Recommendation _ Member Comments Judicial Review Recommendation April 22, 2013 Download
Webcast of the Committee's April 22, 2013 Meeting Judicial Review Webcast April 22, 2013 Watch Video
Administrative Record Proposed Recommendation Judicial Review Recommendation May 14, 2013 Download
Agency Practices and Judicial Review of Administrative Records in Informal Rulemaking Judicial Review Publication May 14, 2013 Download
COJR _ Administrative Record Draft Report _ Redline 3/27/13 to 5/14/13 Judicial Review Report May 14, 2013 Download
Administrative Record Proposed Recommendation Proposed Amendments Judicial Review Recommendation June 6, 2013 Download
Administrative Record in Informal Rulemaking Judicial Review Recommendation June 14, 2013 Download
Administrative Record in Informal Rulemaking _ Proposed to Final Recommendation Redline Judicial Review Recommendation June 20, 2013 Download
Committee on Judicial Review Meeting Minutes Judicial Review Meeting Minutes November 7, 2013 Download

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