Public Availability of Settlement Agreements in Agency Enforcement Proceedings

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.

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Final Recommendation

  • Recommendation number: 2022-6
  • Adopted on: December 15, 2022
  • Committees: Regulation
Executive Summary

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...

Project Documents

Name Committee Type Date
Comment from Government Member David Grahn on Public Availability of Agency Settlement Agreements Regulation Public Comment October 14, 2022 Download
Comment from Senior Fellow Alan Morrison on Public Availability of Agency Settlement Agreements 12.1.22 Public Comment December 7, 2022 Download
Comment from Special Counsel Jeff Lubbers on Public Availability of Settlement Agreements in Agency Enforcement Proceedings Public Comment December 12, 2022 Download
Plenary Clean for Public Availability of Settlement Agreements in Agency Enforcement Proceedings Regulation Recommendation November 30, 2022 Download
Plenary Redline for Public Availability of Settlement Agreements in Agency Enforcement Proceedings Recommendation December 13, 2022 Download
Public Availability of Agency Settlement Agreements Committee Meeting Agenda 10.14.22 Regulation Agenda October 7, 2022 Download
Public Availability of Agency Settlement Agreements Committee Meeting Agenda 10.28.22 Regulation Agenda October 25, 2022 Download
Public Availability of Agency Settlement Agreements Draft Recommendation for Committee 10.25.22 Regulation Recommendation October 25, 2022 Download
Public Availability of Agency Settlement Agreements Draft Recommendation for Committee 10.7.22 Regulation Recommendation October 7, 2022 Download
Public Availability of Agency Settlement Agreements Draft Report 9.30.22 Regulation Report October 7, 2022 Download
Public Availability of Agency Settlement Agreements Final Report 11.30.22 Report November 30, 2022 Download
Public Availability of Settlement Agreements in Agency Enforcement Proceedings Regulation Recommendation December 31, 2022 Download
Public Availability of Settlement Agreements in Agency Enforcement Proceedings RFP January 5, 2022 Download
Public Availability of Settlement Agreements in Agency Enforcement Proceedings Draft Recommendation from Committee 10.28.22 Regulation Recommendation November 10, 2022 Download

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