Recommendation 2022-6, Public Availability of Settlement Agreements in Agency Enforcement Proceedings – identifies best practices for providing public access to settlement agreements reached during administrative enforcement proceedings without disclosing legally protected materials, consistent with the transparency objectives and privacy considerations of the Freedom of Information Act, Privacy Act, and other relevant laws. It builds on several other recommendations of the Administrative Conference that encourage agencies to proactively disclose other important materials related to the adjudication of cases, including orders and opinions, supporting records, adjudication rules and policies, and litigation materials.
Many agencies have authority to adjudicate whether persons have violated the law and, for those found to have done so, order them to pay a civil penalty, provide specific relief, or take some other remedial action. While some administrative enforcement proceedings result in a final agency adjudicative decision, in many cases, the parties reach a settlement agreement. There are several reasons why it may be...
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