Evidentiary Hearings Not Required by the Administrative Procedure Act

Recommendation 2016-4 – Evidentiary Hearings Not Required by the Administrative Procedure Act offers best practices to agencies for structuring evidentiary hearings that are not required by the Administrative Procedure Act. It suggests ways to ensure the integrity of the decisionmaking process; sets forth recommended pre-hearing, hearing, and post-hearing practices; and urges agencies to describe their practices in a publicly accessible document and seek periodic feedback on those practices.

Citation: 81 Fed. Reg. 94,312, 94,314 (Dec. 23, 2016)

Contacts

Implementation Contact
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Committee: 

Final Recommendation

  • Recommendation number: 2016-4
  • Adopted on: December 13, 2016
  • Committees: Adjudication

Federal administrative adjudication can be divided into three categories:

(a) Adjudication that is regulated by the procedural provisions of the Administrative Procedure Act (APA) and usually presided over by an administrative law judge (referred to as Type A in the report that underlies this recommendation and throughout the preamble)[1];

(b) Adjudication that consists of legally required evidentiary hearings that are...

Project Documents

Name Committee Type Date
October 20, 2016 Committee on Adjudication Adjudication Agenda October 17, 2016 Download
September 22, 2016 Committee on Adjudication Agenda Adjudication Agenda September 16, 2016 Download
Andrew Vollmer Comment Adjudication Member Comment December 13, 2016
Marta Rothwarf Comment Adjudication Public Comment December 13, 2016
Alex Manuel Comment Adjudication Public Comment September 22, 2016
Evidentiary Hearings Not Required by the Administrative Procedure Act Adjudication Recommendation December 15, 2016 Download
Informal Agency Adjudication (Proposed Recommendation) Adjudication Recommendation December 8, 2016 Download
Informal Agency Adjudication (Proposed Redline Recommendation) Adjudication Recommendation December 8, 2016 Download
Informal Agency Adjudication (Proposed Recommendation) Adjudication Recommendation November 23, 2016 Download
Informal Agency Adjudication Proposed Recommendation for Council Adjudication Recommendation November 3, 2016 Download
Informal Agency Adjudication Revised Draft Recommendation Adjudication Recommendation October 17, 2016 Download
Informal Agency Adjudication Draft Recommendation Adjudication Recommendation September 21, 2016 Download
Evidentiary Hearings Outside the Administrative Procedure Act Final Report Adjudication Report November 25, 2016 Download
Adjudication Outside the Administrative Procedure Act Updated Draft Report Adjudication Report September 16, 2016 Download
Adjudication Outside the Administrative Procedure Act Draft Report Adjudication Report March 24, 2016 Download

Committee Meetings & Events

66th Plenary Session

December 13, 2016 - 1:00 pm EST
December 14, 2016 - 9:00 am EST
Location name: 
Commodity Futures Trading Commission
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