Recommendation 2021-9, Regulation of Representatives in Agency Adjudicative Proceedings – recommends that agencies consider adopting rules governing attorney and non-attorney representatives in order to promote accessibility, fairness, integrity, and efficiency in agency adjudicative proceedings. It provides guidance on the topics that rules might cover and recommends that agencies consider whether greater harmonization of different bodies of rules is desirable and ensure that their rules are readily accessible on their websites.
Citation: Admin. Conf. of the U.S., Recommendation 2021-9, Regulation of Representatives in Agency Adjudicative Proceedings, 87 Fed. Reg. 1721 (Jan. 12, 2022).
This Recommendation offers best practices for agencies to consider when developing rules governing the participation and conduct of attorneys and non-attorneys who represent parties in adjudicative proceedings. Among other things, it recommends:
Agencies should consider whether to adopt rules developed by other authorities or organizations or draft their own rules. Agencies should also consider whether...
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