Precedential Decision Making in Agency Adjudication

Recommendation 2022-4, Precedential Decision Making in Agency Adjudication identifies best practices on the use of precedential decisions in agency adjudication. It addresses whether agencies should issue precedential decisions and, if so, according to what criteria; what procedures agencies should follow to designate decisions as precedential and overrule previously designated decisions; and how agencies should communicate precedential decisions internally and publicly. It also recommends that agencies codify their procedures for precedential decision making in their rules of practice.

Citation: Admin. Conf. of the U.S., Recommendation 2022-4, Precedential Decision Making in Agency Adjudication88 Fed. Reg. 2312 (Jan. 13, 2023).

Contacts

Implementation Contact
202.480.2098
mgluth@acus.gov
0
Committee: 

Final Recommendation

  • Recommendation number: 2022-4
  • Adopted on: December 15, 2022
  • Committees: Adjudication
Executive Summary

Agencies use many different mechanisms to ensure consistency, predictability, and uniformity when adjudicating cases, including designating some or all of their appellate decisions as precedential. Agencies can also use precedential decision making to communicate how they interpret legal requirements or intend to exercise discretionary authority. Many agencies use some form of precedential decision making. Some...

Project Documents

Name Committee Type Date
Precedential Decision Making in Agency Adjudication Committee Meeting Agenda 11.04.22 Adjudication Agenda November 1, 2022 Download
Precedential Decision Making in Agency Adjudication Committee Meeting Agenda 10.21.22 Adjudication Agenda October 18, 2022 Download
Comment from Special Counsel Jeffrey Lubbers on Precedential Decision Making in Agency Adjudication Adjudication Member Comment December 9, 2022 Download
Comment from Senior Fellow Alan Morrison on Precedential Decision Making in Agency Adjudication Adjudication Member Comment December 7, 2022 Download
Comment from Senior Fellow Russell R. Wheeler on Precedential Decision Making in Agency Adjudication Adjudication Member Comment November 3, 2022 Download
Comment from Special Counsel Jeffrey S. Lubbers on Precedential Decision Making in Agency Adjudication Adjudication Member Comment November 3, 2022 Download
Comment from Liaison William Funk on Precedential Decision Making in Agency Adjudication Adjudication Member Comment November 3, 2022 Download
Comment From Public Member Jack M. Beermann on Precedential Decision Making in Agency Adjudication 10.19.22 Adjudication Member Comment October 19, 2022 Download
Comment from Stacey Cole on Precedential Decision Making in Agency Adjudication Adjudication Public Comment November 4, 2022 Download
Comment from Wendy Blake on Precedential Decision Making in Agency Adjudication Adjudication Public Comment November 4, 2022 Download
Precedential Decision Making in Agency Adjudication Adjudication Recommendation January 13, 2023 Download
Precedential Decision Making in Agency Adjudication - For Plenary - Redline Adjudication Recommendation December 13, 2022 Download
Precedential Decision Making in Agency Adjudication - For Plenary - Clean Adjudication Recommendation November 30, 2022 Download
Precedential Decision Making in Agency Adjudication Proposed Recommendation from Committee Adjudication Recommendation November 8, 2022 Download
Precedential Decision Making in Agency Adjudication Draft Recommendation for Committee 11.01.22 Adjudication Recommendation November 1, 2022 Download
Precedential Decision Making in Agency Adjudication Draft Recommendation for Committee 10.17.22 Adjudication Recommendation October 17, 2022 Download
Final Report on Precedential Decision Making in Agency Adjudication Adjudication Report December 6, 2022 Download
Precedential Decision Making in Agency Adjudication Draft Report 10.17.22 Adjudication Report October 17, 2022 Download

Committee Meetings & Events

Committee on Adjudication Meeting #2 (Precedential Decision Making in Agency Adjudication) (Committee on Adjudication)

November 4, 2022 - 1:00 pm EDT
Location name: 
ACUS will be hosting this committee meeting remotely. Members of the public interested in participating should contact Matthew Gluth at mgluth@acus.gov and info@acus.gov to RSVP and request attendance information.