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 has convened a Working Group to develop materials to assist agencies in developing such guidance.
The Working Group brings 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.
Working Group Members and Associated Individuals
Staff Counsel/Reporter: Jeremy Graboyes, Attorney Advisor, Administrative Conference of the United States
Members:
James Barton, Senior Associate, WilmerHale
Reeve T. Bull, Research Director, Administrative Conference of the United States
Daniel Cohen, Assistant General Counsel for Legislation, Regulation, and Energy Efficiency, Department of Energy
Peter Constantine, Associate Solicitor, Office of Legal Counsel Department of Labor
Kelly P. Dunbar, Partner, WilmerHale
Andrew Emery, President, The Regulatory Group
Claire J. Evans, Partner, Wiley Rein
Cynthia R. Farina, William G. McRoberts Research Professor in Administration of the Law, Emerita, Cornell Law School
Noelle Green, Attorney-Advisor, Office of General Counsel, Environmental Protection Agency
Allyson N. Ho, Partner, Gibson, Dunn & Crutcher
Lane Nemirow, Attorney-Advisor, Office of the Solicitor, Department of the Interior
Connor Raso, Senior Counsel, Office of General Counsel, Securities and Exchange Commission
Melissa Rifkin, Attorney, Office of General Counsel, Pension Benefit Guaranty Corporation
Peter Robbins, Attorney, Office of General Counsel, Department of Commerce
Adina Rosenbaum, Attorney, Public Citizen Litigation Group
Adam White, Assistant Professor and Executive Director, The C. Boyden Gray Center for the Study of the Administrative State, Antonin Scalia Law School
Matthew L. Wiener, Vice Chairman and Executive Director, Administrative Conference of the United States
Eric Womack, Assistant Director, Federal Programs Branch, Civil Division, Department of Justice
| Name | Committee | Type | Date | |
|---|---|---|---|---|
| 3-31-2020 Agenda | Agenda | March 11, 2020 | Download | |
| 1-15-2020 Agenda | Agenda | December 27, 2019 | Download | |
| 10-29-2019 Agenda | Agenda | October 16, 2019 | Download | |
| 10-29-2019 Meeting Staff Counsel Report - Revised | Meeting Minutes | March 11, 2020 | Download | |
| 1-15-2020 Meeting Staff Counsel Report - Draft | Meeting Minutes | March 11, 2020 | Download | |
| 10-29-2019 Meeting Staff Counsel Report - Draft | Meeting Minutes | December 27, 2019 | Download | |
| Adding Materials to Rulemaking Records | Memorandum | March 11, 2020 | Download | |
| Components of and Exclusions from Rulemaking Records | Memorandum | December 27, 2019 | Download | |
| Introduction to the Working Group on Compiling Administrative Records | Memorandum | October 16, 2019 | Download | |
| Timing of Compilation and Indexing Practices | Memorandum | October 16, 2019 | Download |
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