Regulation of Representatives in Agency Adjudicative Proceedings

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).

Contacts

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Final Recommendation

  • Recommendation number: 2021-9
  • Adopted on: December 16, 2021

Many agencies have adopted rules governing the participation and conduct of attorneys and non-attorneys who represent parties in adjudicative proceedings. These rules may address a wide array of topics, including who can represent parties in adjudications, how representatives must conduct themselves, and how the agency enforces rules of conduct.[1] Some agencies have drafted their own rules. Others have adopted rules developed by...

Project Documents

Name Committee Type Date
RFP for Regulation of Representatives in Agency Proceedings RFP April 28, 2021 Download
Draft Report - Regulation of Representatives in Agency Proceedings Report October 26, 2021 Download
October 29 Ad Hoc Committee Meeting Agenda Agenda October 28, 2021 Download
Second Draft Report - Regulation of Representatives in Agency Proceedings Report October 28, 2021 Download
Draft Recommendation - Regulation of Representatives in Agency Proceedings Recommendation October 28, 2021 Download
Memo - Statutory Authority to Regulate Representatives Memorandum November 5, 2021 Download
November 8 Ad Hoc Committee Meeting Agenda Agenda November 5, 2021 Download
Second Draft Recommendation - Regulation of Representatives in Agency Proceedings Recommendation November 5, 2021 Download
Comment from National Organization of Social Security Claimants' Representatives Public Comment November 9, 2021 Download
November 16 Ad Hoc Committee Meeting Agenda Agenda November 15, 2021 Download
Russell Wheeler Public Comment Member Comment November 15, 2021 Download
Third Draft Recommendation - Regulation of Representatives in Agency Proceedings Recommendation November 16, 2021 Download
Proposed Recommendation from Committee - Regulation of Representatives in Agency Proceedings Recommendation November 23, 2021 Download
Regulation of Representatives in Agency Proceedings Proposed Recommendation for Plenary Session CLEAN Recommendation December 1, 2021 Download
Final Report - Regulation of Representatives in Agency Adjudicative Proceedings Report December 3, 2021 Download
Regulation of Representatives in Agency Proceedings Proposed Recommendation for Plenary Session REDLINE Recommendation December 10, 2021 Download
Regulation of Representatives in Agency Adjudicative Proceedings Recommendation December 28, 2021 Download

Committee Meetings & Events