Working Group on Compiling Administrative Records

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