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).

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Implementation Contact

Committee:

Final Recommendation:

Precedential Decision Making in Agency Adjudication

Recommendation number
2022-4
Adoption Date
Committees

Executive Summary

Project Documents

Name Committee Type Date File
Precedential Decision Making in Agency Adjudication Committee Meeting Agenda 10.21.22 Adjudication Agenda
Precedential Decision Making in Agency Adjudication Committee Meeting Agenda 11.04.22 Adjudication Agenda
Precedential Decision Making in Agency Adjudication Adjudication Recommendation Download Precedential Decision Making in Agency Adjudication
Precedential Decision Making in Agency Adjudication Draft Recommendation for Committee 10.17.22 Adjudication Recommendation Download Precedential Decision Making in Agency Adjudication Draft Recommendation for Committee 10.17.22
Precedential Decision Making in Agency Adjudication - For Plenary - Redline Adjudication Recommendation Download Precedential Decision Making in Agency Adjudication - For Plenary - Redline
Precedential Decision Making in Agency Adjudication - For Plenary - Clean Adjudication Recommendation Download Precedential Decision Making in Agency Adjudication - For Plenary - Clean
Precedential Decision Making in Agency Adjudication Proposed Recommendation from Committee Adjudication Recommendation Download Precedential Decision Making in Agency Adjudication Proposed Recommendation from Committee
Precedential Decision Making in Agency Adjudication Draft Recommendation for Committee 11.01.22 Adjudication Recommendation Download Precedential Decision Making in Agency Adjudication Draft Recommendation for Committee 11.01.22
Precedential Decision Making in Agency Adjudication Draft Report 10.17.22 Adjudication Report Download Precedential Decision Making in Agency Adjudication Draft Report 10.17.22
Precedential Decision Making in Agency Adjudication (Final Report) Adjudication Report Download Precedential Decision Making in Agency Adjudication (Final Report)
Comment From Public Member Jack M. Beermann on Precedential Decision Making in Agency Adjudication 10.19.22 Adjudication Comment Download Comment From Public Member Jack M. Beermann on Precedential Decision Making in Agency Adjudication 10.19.22
Comment from Special Counsel Jeffrey Lubbers on Precedential Decision Making in Agency Adjudication Adjudication Comment Download Comment from Special Counsel Jeffrey Lubbers on Precedential Decision Making in Agency Adjudication
Comment from Senior Fellow Alan Morrison on Precedential Decision Making in Agency Adjudication Adjudication Comment Download Comment from Senior Fellow Alan Morrison on Precedential Decision Making in Agency Adjudication
Comment from Stacey Cole on Precedential Decision Making in Agency Adjudication Adjudication Comment Download Comment from Stacey Cole on Precedential Decision Making in Agency Adjudication
Comment from Wendy Blake on Precedential Decision Making in Agency Adjudication Adjudication Comment Download Comment from Wendy Blake on Precedential Decision Making in Agency Adjudication
Comment from Liaison William Funk on Precedential Decision Making in Agency Adjudication Adjudication Comment Download Comment from Liaison William Funk on Precedential Decision Making in Agency Adjudication
Comment from Senior Fellow Russell R. Wheeler on Precedential Decision Making in Agency Adjudication Adjudication Comment Download Comment from Senior Fellow Russell R. Wheeler on Precedential Decision Making in Agency Adjudication
Comment from Special Counsel Jeffrey S. Lubbers on Precedential Decision Making in Agency Adjudication Adjudication Comment Download Comment from Special Counsel Jeffrey S. Lubbers on Precedential Decision Making in Agency Adjudication
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