An increasing number of problems in the management of government contracts are now referred to lawyers, accountants, and judges for resolution. This accelerating trend has tended to deemphasize the responsibility of the agency contracting officers, who (in most agencies) have traditionally played a key role in the procurement process, including...
Dispute Resolution (Recommendations)
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- Recommendation number: 89-2
- Adopted on: June 15, 1989
- Contracting Officers, Dispute Resolution, Disputes, Federal Acquisition Regulation, Government Contracts, Mediation, Procurement
- Recommendation number: 90-2
- Adopted on: June 7, 1990
- Confidentiality, Congress, Dispute Resolution, Mediation, Ombudsman
The ombudsman1 is an institution frequently used in other countries, and increasingly used in this country, as a means of inquiring into citizen grievances about administrative acts or failures to act and, in suitable cases, to criticize or to make recommendations...
- Recommendation number: 90-7
- Adopted on: December 18, 1990
- Tags: Congress, Dispute Resolution, Privilege, Separation of Functions
The routine sharing of information between congressional committees and administrative agencies constitutes one of the most important interactions between the political branches of our national government. The process of exchanging information affects the ability of the executive and legislative branches to carry out their constitutionally assigned...
- Recommendation number: 88-11
- Adopted on: December 9, 1988
- Tags: Confidentiality, Discovery, Dispute Resolution, Freedom of Information Act (FOIA), Mediation, Neutrals, Settlements
...
- Recommendation number: 88-5
- Adopted on: June 10, 1988
- Tags: Administrative Law Judges (ALJs), Confidentiality, Dispute Resolution, Hearing Officers, Mediation, Settlements
Many cases over which administrative law judges, administrative judges, and other agency hearing officers preside do not involve broad regulatory issues and are often appropriately resolved by settlement. Following in the footsteps of several innovative federal judges,1...
- Recommendation number: 91-8
- Adopted on: December 12, 1991
- Tags: Adjudication, Civil Money Penalties, Congress, Dispute Resolution, Enforcement, Mediation
The Federal Aviation Administration is currently operating a demonstration civil penalty program under which the FAA may impose monetary penalties of up to $50,000 for violations of the Federal Aviation Act or its regulations. Under the program, the FAA prosecutes violations, proposing initial civil money penalties according to the discretion of the...
- Recommendation number: 82-2
- Adopted on: June 17, 1982
- Tags: Dispute Resolution, Grant Disputes, Grant Programs
Federal grants to governments, public service institutions and other non-profit organizations have been conspicuous instruments of federal policy since the 1930s. During the past two decades the growth in the number of federal grant programs, and the level of resources distributed through grants, has evidenced the expanded influence of the federal...
- Recommendation number: 85-5
- Adopted on: December 13, 1985
- Tags: Dispute Resolution, Mediation, Negotiated Rulemaking, Public Participation, Regulatory Negotiation, Rulemaking
Negotiations among persons representing diverse interests have proven to be effective in some cases in developing proposals for agency rules. In 1982, the Administrative Conference of the United States adopted Recommendation 82-4, 1 CFR § 305.82-4, encouraging the use of negotiated rulemaking by federal agencies in appropriate situations....
- Recommendation number: 82-4
- Adopted on: June 18, 1982
- Tags: Congress, Dispute Resolution, Mediation, Negotiated Rulemaking, Public Participation, Regulatory Negotiation, Rulemaking
The complexity of government regulation has increased greatly compared to that which existed when the Administrative Procedure Act was enacted, and this complexity has been accompanied by a formalization of the rulemaking process beyond the brief, expeditious notice and comment procedures envisioned by section 553 of the APA. Procedures in addition...
- Recommendation number: 86-3
- Adopted on: June 20, 1986
- Tags: Arbitration, Congress, Dispute Resolution, Mediation, Settlements
Federal agencies now decide hundreds of thousands of cases annually—far more than do federal courts. The formality, costs and delays incurred in administrative proceedings have steadily increased, and in some cases now approach those of courts. Many agencies act pursuant to procedures that waste...