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: Admin. Conf. of the U.S., Recommendation 2016-4, Evidentiary Hearings Not Required by the Administrative Procedure Act81 Fed. Reg. 94314 (Dec. 23, 2016).

Featured Documents:

Final Recommendation:

Project Documents

Name Committee Type Date File
October 20, 2016 Committee on Adjudication Adjudication Agenda Download
September 22, 2016 Committee on Adjudication Agenda Adjudication Agenda Download
Evidentiary Hearings Not Required by the Administrative Procedure Act Adjudication Recommendation Download
Informal Agency Adjudication (Proposed Recommendation) Adjudication Recommendation Download
Informal Agency Adjudication (Proposed Redline Recommendation) Adjudication Recommendation Download
Informal Agency Adjudication (Proposed Recommendation) Adjudication Recommendation Download
Informal Agency Adjudication Proposed Recommendation for Council Adjudication Recommendation Download
Informal Agency Adjudication Revised Draft Recommendation Adjudication Recommendation Download
Informal Agency Adjudication Draft Recommendation Adjudication Recommendation Download
Adjudication Outside the Administrative Procedure Act Draft Report Adjudication Report Download
Evidentiary Hearings Outside the Administrative Procedure Act Final Report Adjudication Report Download
Adjudication Outside the Administrative Procedure Act Updated Draft Report Adjudication Report Download
Marta Rothwarf Comment Adjudication Public Comment
Alex Manuel Comment Adjudication Public Comment
Andrew Vollmer Comment Adjudication Member Comment

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