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

Project Documents

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