Recommendations

Final rules adopted by federal agencies are generally subject to review in the federal courts.[1] In a series of recommendations adopted in the 1970s, 1980s, and 1990s, the Administrative Conference sought to identify principles to guide Congress in choosing the appropriate forum for judicial review of agency rules. The most significant was Recommendation 75-3, The Choice of Forum for Judicial…

Agencies provide written guidance to explain how they propose to exercise their discretionary powers and how they interpret statutes and rules. In many federal programs, individuals request written guidance from agencies regarding how the law applies to a requester’s specific circumstances. Such “individualized guidance” goes by a variety of names, and agency practices for…

Tens of thousands of federal agency officials participate in administrative adjudication. Most are members of the career civil service hired and supervised under the civil service laws. Some, like many agency heads, are appointed by the President with the advice and consent of the Senate. These “PAS” officials work with career civil servants and other officials to structure…

Thousands of people each year contact their elected representatives for help accessing federal programs. Elected representatives and their staff often then submit requests to federal agencies on behalf of their constituents. Recognizing the important role these requests play in agency-congressional relations and congressional oversight of federal programs, this…

Agencies produce many kinds of legal materials, including documents that establish, interpret, apply, explain, or address the enforcement of legal rights and obligations, along with constraints imposed, implemented, or enforced by or upon an agency.  Many principal statutes govern the public disclosure of these materials. However, there are inconsistencies and…

In recent years, and especially during the COVID-19 pandemic, agencies increasingly have used widely available, internet-based videoconferencing software to engage with the public during rulemakings. Virtual public engagement can help broaden participation in agency rulemakings by reducing barriers that people—especially members of historically underserved communities—…

Retrospective review is the process by which agencies assess existing rules and decide whether they need to be revisited. Agencies may be able to leverage algorithmic tools, including artificial intelligence, to more efficiently, cost-effectively, and accurately identify rules that are outmoded or redundant, contain typographic errors or inaccurate cross-references, or might…

To improve the accuracy, efficiency, and accessibility of their adjudications, agencies have deployed online processes by which parties, representatives, and others can perform common tasks such as filing, serving, and viewing forms, briefs, evidence, and other case records or materials. These processes range from simple email-based systems to robust online self-…

In many federal administrative adjudications, parties have no right to an evidentiary hearing  Such adjudications include many decisions regarding grants, licenses, or permits; immigration and naturalization; national security; the regulation of banks; land-use requests; and a wide variety of other matters.

As diverse as these adjudications are, they do share some…

Each year, millions of people navigate administrative processes to access benefits and services and otherwise obtain assistance for themselves and their families. The public spends significant time and effort learning about these programs and complying with their requirements, and efforts to comply can result in stress, stigma, or other psychological harms. These learning,…