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 cited...
Administrative Record in Informal Rulemaking
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
At its Plenary Session on June 13-14, 2013, the Administrative Conference of the United States adopted Recommendation 2013-4, concerning the Administrative Record in Informal Rulemaking. The recommendation identifies the essential components of 1) agencies’ rulemaking records maintained internally, 2) their public rulemaking dockets, and 3) administrative records for judicial review. The recommendation urges agencies to develop policies for the treatment and indexing of privileged and protected materials in their public rulemaking dockets and administrative records for judicial review, as well as more general guidance to aid personnel in implementing these best practices. It also recommends a number of agency best practices in the areas of recordkeeping, compilation, and preservation. Finally, it addresses agency certification of administrative records for judicial review, supports the well-established presumption of regularity afforded by courts to agency administrative records, and identifies limited circumstances where supplementation or completion of the administrative record may be appropriate.