The resolution of issues through negotiations among the affected parties has long been recognized as an essential ingredient of the administrative process....
Settlements (Recommendations)
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- Recommendation number: 88-11
- Adopted on: December 9, 1988
- Tags: Adjudication, Confidentiality, Discovery, Dispute Resolution, Freedom of Information Act (FOIA), Mediation, Neutrals, Settlements
- Recommendation number: 88-5
- Adopted on: June 10, 1988
- Tags: Adjudication, 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 some administrative agencies have begun to provide additional mechanisms for resolving these cases....
- Recommendation number: 84-7
- Adopted on: December 7, 1984
- Tags: Congress, Monetary Claims, Settlements
In the Federal Tort Claims Act and dozens of other statutes,1 Congress has authorized agencies to provide compensation for losses occasioned by a variety of agency actions. The FTCA, the centerpiece of this array, essentially waives the government’s sovereign immunity to...
- Recommendation number: 86-3
- Adopted on: June 20, 1986
- Tags: Adjudication, 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 litigants’ time and society’s resources and whose formality can reduce the chances for consensual...
- Recommendation number: 72-4
- Adopted on: June 9, 1972
- Tags: Ratemaking, Settlements, Suspension
The determinations of the Civil Aeronautics Board, Federal Communications Commission, Federal Power Commission, and Interstate Commerce Commission, whether to exercise or refrain from exercising their power to suspend and investigate newly filed rate proposals, are of great importance to regulated companies, their customers, and the general public. Although a decision not to...
- Recommendation number: 92-9
- Adopted on: December 11, 1992
- Tags: CERCLA, Hazardous Waste, Settlements, Superfund
In the last decade, following the passage in 1980 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA),1 commonly referred to as Superfund, the nation has begun focusing its attention on the cleanup of hazardous...
- Recommendation number: 91-4
- Adopted on: June 14, 1991
- Tags: Congress, Science, Settlements
The Program, which became effective October 1, 1988, is unique among federal benefit programs in its organizational structure and decision-making processes. It was intended to provide an alternative to the tort system for dealing with claims of vaccine-related injury, awarding compensation quickly, fairly, and efficiently. It was also intended to...