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).

Contacts:

Implementation Contact

Committee:

Final Recommendation:

Evidentiary Hearings Not Required by the Administrative Procedure Act

Recommendation number
2016-4
Adoption Date

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];

Project Documents

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