Category Archives: Administrative Conference Update

New Recommendations and Two (!) Separate Statements (ACUS Update)

by Emily Bremer — Monday, Feb. 11, 2019@emilysbremer

The Administrative Conference recently published its newest slate of recommendations, which the Assembly adopted at its 70th Plenary session, held in December 2018. Two of the recommendations drew separate statements from members of the Assembly.  As I have previously explained, separate statements are permitted by the Administrative Conference Act (5 U.S.C. 595(a)(1)) and the agency’s bylaws, but […]

70th Plenary Agenda: Comments Due Dec. 7 (ACUS Update)

by Emily Bremer — Wednesday, Nov. 28, 2018@emilysbremer

The Administrative Conference will host its 70th Plenary Session on December 13th and 14th, 2018.  Once again, the meeting will be held at the George Washington University Law School, Jacob Burns Moot Court Room, 2000 H Street NW, Washington, DC 20052.  The Assembly is set to consider five proposed recommendations.  From the Federal Register notice, these recommendations […]

Oct. 5 Event: Mass and Fake Rulemaking Comments (ACUS Update)

by Emily Bremer — Sunday, Sept. 30, 2018@emilysbremer

If you’re in the DC area this week, ACUS and the Administrative Law Review are co-hosting an interesting forum on Mass and Fake Comments in Agency Rulemaking.  From ACUS’s Administrative Fix blog, here’s a summary of the subjects to be discussed: When agencies propose new regulations, the Administrative Procedure Act requires that they provide interested […]

Fall 2018 Projects (ACUS Update)

by Emily Bremer — Wednesday, Sept. 5, 2018@emilysbremer

Tomorrow, the Administrative Conference of the United States begins fall committee meetings on a slate of projects, including: (1) Regulations.gov and the Federal Document Management System; (2) Public Engagement in Rulemaking; (3) Recusal Rules for Administrative Adjudicators; (4) Public-Private Partnerships; and (5) Public Availability of Adjudication Rules. These projects are targeted for completion at the 70th […]

Recommendations, Recommitted Actions, and Revised Rules (ACUS Update)

by Emily Bremer — Saturday, July 7, 2018@emilysbremer

If you’re looking for a little light poolside reading, check out the three new recommendations and other actions taken by ACUS at its 69th Plenary session last month.  The recommendations address the Paperwork Reduction Act, severability in judicial review of agency rulemaking, and electronic case management in adjudication.  In addition to adopting these recommendations, the Assembly recommitted […]

ICYMI: Regulatory Review Series on ACUS’s December 2017 Recommendations

by Emily Bremer — Saturday, Apr. 28, 2018@emilysbremer

In March, The Regulatory Review published an excellent series of opinion essays analyzing the five recommendations that the Administrative Conference of the United States adopted at its last Plenary session, held in December 2017.  I highlighted the new recommendations (and a rare separate statement) when they were published, but The Regulatory Review series delves much deeper.  In […]

New Meeting Dates and Materials for Spring 2018 Projects (ACUS Update)

by Emily Bremer — Monday, Mar. 26, 2018@emilysbremer

The Administrative Conference’s work on its spring projects is well underway.  In recent days, additional meeting dates, and new draft reports, draft recommendations, and written member comments have been posted for several of the projects under consideration.  These include: (1) an additional meeting for the project on Administrative Judges; (2) a new meeting date and draft […]

Spring 2018 Projects (ACUS Update)

by Emily Bremer — Monday, Mar. 5, 2018@emilysbremer

This week, the Administrative Conference of the United States will being spring committee meetings on a slate of new projects, including: (1) Administrative Judges; (2) Electronic Case Management in Adjudication; (3) Minimizing the Costs of Judicial Review; (4) Paperwork Reduction Act Efficiencies; and (5) Public Engagement in Rulemaking. The first four projects are targeted for completion at […]

Updated ACUS Summary of Recent Administrative Law Reform Bills

by Chris Walker — Thursday, Feb. 1, 2018@chris_j_walker

The Administrative Conference of the United States (ACUS) tracks the various regulatory reform bills on a pretty regular basis. This is a terrific resource for those interested in understanding the various proposals being considered in Congress. ACUS just posted an updated summary here. Here is the description of the project: In the last several sessions […]

A Rare Separate Statement (ACUS Update)

by Emily Bremer — Thursday, Jan. 11, 2018@emilysbremer

Last week, I highlighted ACUS’s five recently adopted recommendations, including Recommendation 2017-5, Agency Guidance Through Policy Statements.  It is noteworthy that this recommendation was accompanied by a rare separate statement, this one from ACUS Senior Fellow Professor Ronald M. Levin. Section 302.6(c)(1) of ACUS’s bylaws, which allows members to publish separate statements, provides that: A member who disagrees in whole or in […]