Tag Archives: ACUS

Mortazavi on Computer Analysis of Rulemaking Comments (AdLaw Bridge Series)

by Emily Bremer — Friday, June 23, 2017@emilysbremer

Technology has promised big benefits for public participation in notice-and comment rulemaking, but it has also presented new challenges for agencies.  For example, as the number of rulemaking comments has increased, so too has the administrative burden of reviewing those comments.  Can an agency use computer software to help ease this burden while still discharging its obligations under the APA?  Melissa Mortazavi addresses […]

ACUS and Proactive Disclosure under the Freedom of Information Act, by Dan Sheffner

by Guest Blogger — Friday, June 9, 2017

While much scholarly and public attention is paid to the Freedom of Information Act’s (FOIA) request-driven model of disclosure, less well known is the statute’s requirement that agencies publicly disclose certain government records without waiting for a request from the public.  Federal agencies must “make available for public inspection in an electronic format” specific types […]

Save the Date for the 67th Plenary (ACUS Update)

by Emily Bremer — Saturday, June 3, 2017@emilysbremer

The Administrative Conference of the United States will hold its 67th Annual Plenary Session on Friday, June 16th from 10:00 am to 2:00 pm.  The Assembly will consider proposed recommendations on two subjects.  From the Federal Register notice: Adjudication Materials on Agency Web sites. This proposed recommendation provides guidance regarding the online dissemination of administrative […]

Spring Meeting Dates on Marketable Permits (ACUS Update)

by Emily Bremer — Wednesday, Mar. 22, 2017@emilysbremer

The Administrative Conference has announced new committee meeting dates for another of its spring projects, all of which I recently previewed.  The new dates are as follows: The Committee on Regulation will meet to discuss the Marketable Permits project on Tuesday, March 28 at 2 pm and Thursday, April 13 at 2 pm. Please also note that the […]

New Spring Meeting Dates Announced (ACUS Update)

by Emily Bremer — Tuesday, Mar. 21, 2017@emilysbremer

The Administrative Conference has announced new committee meeting dates for one of its spring projects, which I recently previewed.  The new dates are as follows: The Committee on Rulemaking will meet to discuss the Negotiated Rulemaking project on Thursday, March 23 at 9:30 am and Thursday, April 13 at 9:30 am. If you would like […]

Spring 2017 Projects (ACUS Update)

by Emily Bremer — Sunday, Mar. 19, 2017@emilysbremer

The Administrative Conference of the United States will soon begin spring committee meetings on a slate of projects targeted for completion at the 67th annual plenary session, to be held in June.  These projects include: (1) Adjudication Materials on Agency Websites; (2) Negotiated Rulemaking; (3) Electronic Case Management in Federal Administrative Adjudication; and (4) Marketable […]

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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