Independent Research by Agency Adjudicators in the Internet Age

Recommendation 2019-6 – Independent Research by Agency Adjudicators in the Internet Age addresses agency adjudicators’ increasing reliance on their own factual research—especially internet research—when conducting hearings and deciding cases. Though such independent research can be an efficient means to acquire facts, it can also raise concerns regarding the accuracy of information uncovered and fairness to the litigants. The recommendation encourages agencies to develop publicly available policies on independent research that identify sources of information that are reliable in all cases, set forth standards for adjudicators to apply when assessing the reliability of other sources, and ensure that litigants have ready access to all sources.

Citation: Admin. Conf. of the U.S., Recommendation 2019-6, Independent Research by Agency Adjudicators in the Internet Age, 84 Fed. Reg. 71350 (Dec. 27, 2019).

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Independent Research by Agency Adjudicators in the Internet Age

Recommendation number
2019-6
Adoption Date
Committees

A fundamental characteristic of agency adjudications that incorporate a legally required evidentiary hearing is the existence of an exclusive record for decision making.[1] The exclusive record in adjudications regulated by the formal-hearing provisions of the Administrative Procedure Act (APA) consists of the “transcript of testimony and exhibits, toge

Project Documents

Name Committee Type Date File
Independent Research by Agency Adjudicators in the Internet Age Adjudication Recommendation Download Independent Research by Agency Adjudicators in the Internet Age
Recommendation Redline for Plenary - Internet Evidence in Agency Adjudication Adjudication Recommendation Download Recommendation Redline for Plenary - Internet Evidence in Agency Adjudication
Comment from Jeffrey S. Lubbers Adjudication Comment Download Comment from Jeffrey S. Lubbers
Proposed Recommendation for Plenary - Internet Evidence in Agency Adjudication - Clean Adjudication Recommendation Download Proposed Recommendation for Plenary - Internet Evidence in Agency Adjudication - Clean
Comment from National Organization of Social Security Claimants' Representatives Adjudication Comment Download Comment from National Organization of Social Security Claimants' Representatives
Independent Research by Agency Adjudicators in the Internet Age (Final Report) Adjudication Report Download Independent Research by Agency Adjudicators in the Internet Age (Final Report)
Proposed Recommendation from Committee - Internet Evidence in Agency Adjudication Adjudication Recommendation Download Proposed Recommendation from Committee - Internet Evidence in Agency Adjudication
Agenda for Committee Meeting 10-16-2019 Adjudication Agenda Download Agenda for Committee Meeting 10-16-2019
Draft Recommendation on Internet Evidence in Agency Adjudication with 9-26-2019 Committee Meeting Redline Adjudication Recommendation Download Draft Recommendation on Internet Evidence in Agency Adjudication with 9-26-2019 Committee Meeting Redline
Draft Recommendation on Internet Evidence in Agency Adjudication for 10-16-2019 Committee Meeting Adjudication Recommendation Download Draft Recommendation on Internet Evidence in Agency Adjudication for 10-16-2019 Committee Meeting
Draft Recommendation on Internet Evidence in Agency Adjudication for 9-26-2019 Committee Meeting Adjudication Recommendation Download Draft Recommendation on Internet Evidence in Agency Adjudication for 9-26-2019 Committee Meeting
Agenda for Committee Meeting 9-26-2019 Adjudication Agenda Download Agenda for Committee Meeting 9-26-2019
Draft Report on Internet Evidence in Agency Adjudication Adjudication Report Download Draft Report on Internet Evidence in Agency Adjudication
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