Recommendation 2018-5 – Public Availability of Adjudication Rules offers best practices to optimize agencies’ online presentations of procedural rules governing adjudications. It encourages agencies to make procedural rules for adjudications and related guidance documents available on their websites and to organize those materials in a way that allows both parties appearing before the agencies and members of the public to easily access the documents and understand their legal significance.
Citation: Admin. Conf. of the U.S., Recommendation 2018-5, Public Availability of Adjudication Rules, 84 Fed. Reg. 2142 (Feb. 6, 2019).
Every year, federal agencies conduct hundreds of thousands of adjudications.[1] In order to participate meaningfully in adjudications, persons appearing before federal agencies must have ready online access both to the key materials associated with these adjudications (including prior decisions) and the procedural rules governing them. Administrative Conference Recommendation 2017-1 addresses the former set of materials, urging...
Many agencies (including the Department of the Interior and Environmental Protection Agency) have in part implemented Recommendation 2018-5 by placing enforcement and adjudication guides on their websites.
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