Category Archives: Administrative Conference Update

D.C. Circuit Review – Reviewed: Breaking News (From About Three Weeks Ago)

by Aaron Nielson — Saturday, Feb. 18, 2017@Aaron_L_Nielson

One of the most important cases the D.C. Circuit decided last year was the so-called Amtrak case. As I mentioned last month, the government’s cert petition was due February 6th. No petition, however, was filed. Instead, the United States determined that it would not seek certiorari at all. Accordingly, the panel decision — with its […]

ACUS Recommendation 2016-4 Identifies Three Kinds of Federal Agency Adjudication Rather Than Just Two, by Michael Asimow

by Guest Blogger — Monday, Jan. 2, 2017

This post is intended to update you on a new Administrative Conference recommendation and to ask for your assistance in expanding the research underlying that recommendation. At the December plenary session, ACUS adopted Recommendation 2016-4, “Evidentiary Hearings Not Required By The Administrative Procedure Act.” The underlying premise of Rec. 2016-4 is that there are three […]

ACUS Adopts Four Recommendations at its 66th Plenary (ACUS Update)

by Emily Bremer — Thursday, Dec. 22, 2016@emilysbremer

At its 66th Plenary Session, held December 13th and 14th, 2016, the Administrative Conference adopted four new recommendations.  From the Federal Register notice, which is on public inspection today, these four recommendations include: Recommendation 2016-3, Special Procedural Rules for Social Security Litigation in District Court. This recommendation encourages the Judicial Conference of the United States to develop […]

ACUS Project on Self-Represented Parties in Administrative Hearings – Understudied But Important, by Connie Vogelmann

by Guest Blogger — Monday, Dec. 12, 2016

Each year, diverse federal agencies conduct millions of hearings, making determinations that can have a profound impact on the parties participating in them. For instance, agency hearings can decide eligibility for disability or veterans’ benefits or can determine immigration status, with decisions impacting a party’s financial security or right to remain in the United States. […]

ABA Section of Administrative Law Recommends Research Projects for ACUS, by Levon Schlichter and Lynn White

by Guest Blogger — Monday, Dec. 12, 2016

In addition to sending robust recommendations to President-elect Donald Trump’s transition team on administrative law issues for the new administration to consider, the ABA Section of Administrative Law and Regulatory Practice (“Section”) also recently sent several recommendations for potential research projects to the Administrative Conference of the United States (“ACUS”). These recommendations are very timely […]

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Save the Date for the 66th Plenary Session (ACUS Update)

by Emily Bremer — Wednesday, Nov. 23, 2016@emilysbremer

The Administrative Conference has released the agenda for its 66th Annual Plenary Session, which will be held on Tuesday, December 13 (from 1:00 pm to 5:30 pm) and Wednesday, December 14 (from 9:00 am to 12:00 pm).  Proposed recommendations on four subjects will be under consideration.  From the Federal Register notice on public inspection today: Social […]

Fall 2016 Projects (ACUS Update)

by Emily Bremer — Monday, Oct. 17, 2016@emilysbremer

This fall, the Administrative Conference’s committees are working on a full slate of projects targeted for completion at the 66th Plenary Session, which will be held in December 2016.  These projects include: (1) The Ombudsman in Federal Agencies; (2) Informal Agency Adjudication; (3) Public-Private Partnerships; (4) Self-Represented Parties in Administrative Hearings; and (5) Social Security Administration […]

Introduction to the Administrative Conference Update

by Emily Bremer — Friday, Oct. 14, 2016@emilysbremer

I am delighted to join the lineup of regular bloggers at the Yale Journal on Regulation.  One contribution I will make to the blog will be an ongoing series, entitled Administrative Conference Update, which will highlight new and continuing projects, upcoming committee meetings, proposed and recently adopted recommendations, and other news about the Administrative Conference of […]