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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Implementation Contact

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Project Documents

Name Committee Type Date File
Public Availability of Agency Settlement Agreements Committee Meeting Agenda 10.28.22 Regulation Agenda Download Public Availability of Agency Settlement Agreements Committee Meeting Agenda 10.28.22
Public Availability of Agency Settlement Agreements Committee Meeting Agenda 10.14.22 Regulation Agenda Download Public Availability of Agency Settlement Agreements Committee Meeting Agenda 10.14.22
Public Availability of Settlement Agreements in Agency Enforcement Proceedings RFP Download Public Availability of Settlement Agreements in Agency Enforcement Proceedings
Public Availability of Settlement Agreements in Agency Enforcement Proceedings Recommendation Download Public Availability of Settlement Agreements in Agency Enforcement Proceedings
Plenary Redline for Public Availability of Settlement Agreements in Agency Enforcement Proceedings Recommendation Download Plenary Redline for Public Availability of Settlement Agreements in Agency Enforcement Proceedings
Plenary Clean for Public Availability of Settlement Agreements in Agency Enforcement Proceedings Regulation Recommendation Download Plenary Clean for Public Availability of Settlement Agreements in Agency Enforcement Proceedings
Public Availability of Settlement Agreements in Agency Enforcement Proceedings Draft Recommendation from Committee 10.28.22 Regulation Recommendation Download Public Availability of Settlement Agreements in Agency Enforcement Proceedings Draft Recommendation from Committee 10.28.22
Public Availability of Agency Settlement Agreements Draft Recommendation for Committee 10.25.22 Regulation Recommendation Download Public Availability of Agency Settlement Agreements Draft Recommendation for Committee 10.25.22
Public Availability of Agency Settlement Agreements Draft Recommendation for Committee 10.7.22 Regulation Recommendation Download Public Availability of Agency Settlement Agreements Draft Recommendation for Committee 10.7.22
Public Availability of Agency Settlement Agreements (Final Report) Regulation Report Download Public Availability of Agency Settlement Agreements (Final Report)
Public Availability of Agency Settlement Agreements Draft Report 9.30.22 Regulation Report Download Public Availability of Agency Settlement Agreements Draft Report 9.30.22
Comment from Special Counsel Jeff Lubbers on Public Availability of Settlement Agreements in Agency Enforcement Proceedings Comment Download Comment from Special Counsel Jeff Lubbers on Public Availability of Settlement Agreements in Agency Enforcement Proceedings
Comment from Senior Fellow Alan Morrison on Public Availability of Agency Settlement Agreements 12.1.22 Comment Download Comment from Senior Fellow Alan Morrison on Public Availability of Agency Settlement Agreements 12.1.22
Comment from Government Member David Grahn on Public Availability of Agency Settlement Agreements Regulation Comment Download Comment from Government Member David Grahn on Public Availability of Agency Settlement Agreements
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