In Recommendation 2013-4, the Administrative Conference offered best practices for preserving, compiling, and certifying records for judicial review of informal rulemaking. The Conference also encouraged agencies to issue guidance to aid personnel in implementing those best practices. The Office of the Chairman is now convening a Working Group to develop materials to assist agencies in developing such guidance.
The Working Group will bring together representatives from the public and private sectors to develop materials that agencies can easily adapt for their own needs. The materials will address a wide range of legal, policy, technological, organizational, and personnel matters related to preserving, compiling, and certifying rulemaking records. The Working Group will consider issues such as how personnel across an agency’s components can most efficiently compile records on an ongoing basis, and how to identify and segregate privileged or confidential information. The Working Group will also consider practical needs, such as developing training materials and choosing software options.