Recommendation 2021-6, Public Access to Agency Adjudicative Proceedings – identifies best practices regarding when and how federal agencies provide public access to adjudicative proceedings. Within the legal framework established by federal law, it identifies factors agencies should consider when determining whether to open or close particular proceedings. It also offers best practices to promote public access to proceedings that agencies open to the public and recommends that agencies make the policies governing public access readily available.
Citation: Admin. Conf. of the U.S., Recommendation 2021-6, Public Access to Agency Adjudicative Proceedings, 87 Fed. Reg. 1715 (Jan. 12, 2022).
Agencies must determine whether and how to allow public access to adjudicative proceedings. Statutes govern public access in some contexts, and many agencies have adopted their own policies. This Recommendation offers best practices to help agencies develop policies on public access to adjudicative proceedings. Among other things, it recommends:
Agencies ordinarily should presume that evidentiary hearings...
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