December was productive month at the Administrative Conference of the United States (ACUS), and we have even more exciting work planned for 2025. Read on to learn about the latest news from ACUS, including the three new recommendations adopted at the Conference’s 82nd Plenary Session and how to get involved in our ongoing study of Federal agency procedures for consulting with State, local, and Tribal governments in the course of regulatory policymaking.

ACUS Convenes 82nd Plenary Session, Adopts Three New Recommendations

On Thursday, December 12, 2024, the ACUS Assembly convened for its 82nd Plenary Session. Following the Chair’s report on the state of the Conference and a panel discussion with the Honorable David S. Tatel, the Assembly considered, amended, and ultimately adopted three new recommendations to promote efficiency, fairness, transparency, and public participation in the administration of government programs. A recording of the Plenary Session livestream is now available to stream on-demand by clicking here.

Recommendation 2024-5, Using Algorithmic Tools in Regulatory Enforcement

Recommendation 2024-5, developed by ACUS’s Committee on Regulation, provides best practices for using artificial intelligence, predictive analytics, and other algorithmic tools to support agencies’ regulatory enforcement efforts. It also addresses the potential benefits and risks of using algorithmic tools to detect, investigate, and prosecute noncompliance with the law and identifies policies, practices, and organizational structures that agencies can put in place to ensure they enforce the law fairly, accurately, and efficiently while employing such tools.

The final recommendation, accompanying research report by Professor Michael Karanicolas (UCLA School of Law), and comments received from ACUS members and the public are now available on the ACUS website. Readers are encouraged to contact ACUS Attorney Advisor Kazia Nowacki (knowacki@acus.gov) with any questions about Recommendation 2024-5.

Recommendation 2024-6, Public Engagement in Agency Rulemaking Under the Good Cause Exemption

Coming out of ACUS’s Committee on Rulemaking, Recommendation 2024-6 identifies best practices to facilitate public engagement when agencies find good cause to forgo notice-and-comment rulemaking procedures under the Administrative Procedure Act. Among other things, it encourages agencies to use direct final rulemaking, interim final rulemaking, and alternative methods of public engagement to ensure robust public participation even when they rely properly on the good cause exemption.

Readers can access the final recommendation, the report by Professor Mark Squillace (U. of Colorado Law School) that informed its development, and comments received from ACUS members and the public on the project page on ACUS’s website. If you would like additional information on Recommendation 2024-6, including how we can assist you or your agency with deploying its best practices, please contact ACUS Attorney Advisor Benjamin Birkhill (bbirkhill@acus.gov).

Recommendation 2024-7, Nonlawyer Assistance and Representation in Agency Adjudications

In Recommendation 2024-7, developed by ACUS’s Committee on Adjudication, the Conference identifies best practices to assist agencies in increasing the availability of nonlawyer representation and assistance to participants in their adjudicative systems. It also provides guidance for agencies on the establishment of rules authorizing qualification or, as appropriate, accreditation of nonlawyer representatives; ways to make qualification and accreditation processes accessible and transparent; and strategies for coordinating such efforts with other government agencies and nongovernmental organizations to increase the availability of representation and assistance.

The final recommendation, supporting research report by Professor Amy Widman (Rutgers Law School), and comments received during its development are available through the Recommendation 2024-7 project page on the ACUS website. Readers are encouraged to contact ACUS Attorney Advisor Lea Robbins (lrobbins@acus.gov) with any questions about the recommendation, its development, or how it might be best deployed by your organization.

ACUS Seeks Public Comment on Agency Practices for Consultation with State, Local, and Tribal Governments

ACUS’s Office of the Chair is seeking comments, views, and input from the public on Federal agency processes for consulting with State, local, and Tribal governments (SLTGs) in the course of regulatory policymaking.

Interested parties should submit their comments by email to info@acus.gov by 10 a.m. ET on Friday, January 17, 2025, including “Consultation with State, Local, and Tribal Governments in Regulatory Policymaking” in the subject line of the message.

Comments received will inform an ongoing ACUS project studying agency procedures for consulting with SLTGs; common approaches to identifying and engaging with appropriate state, local, and tribal officials; methods for effectively utilizing feedback from state, local, and tribal governments in agency decision making; and common issues and challenges that agencies face in developing and implementing accountable processes for such consultations. Based on that study, the project will identify best practices and recommendations for action to facilitate more effective consultation between federal agencies and state, local, and tribal officials

In addition to soliciting written comments, ACUS will be hosting two virtual public listening sessions to secure input from interested members of the public. The first listening session, which was held today, January 8, 2025, from 3–5 p.m. ET, focused on issues pertaining to consultation with State and local governments. The second listening session, scheduled for 3–5 p.m. ET on Wednesday, January 15, 2025, will focus on issues related to agency consultation with Tribal governments.

Registration is required to attend the virtual public listening sessions. If you would like to attend the January 15 listening session, please send an email to info@acus.gov that: (1) provides your name and organization, if any; (2) indicates you would like to attend the listening session; and (3) states whether you would like to speak during the listening session. Online attendance and dial-in information will be provided to registrants in advance of the listening session.

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This post is part of the Administrative Conference Update series, which highlights new and continuing projects, upcoming committee meetings, proposed and recently adopted recommendations, and other news about the Administrative Conference of the United States. The series is further explained here, and all prior posts in the series can be found here.

Conrad Dryland serves as Attorney Advisor, Congressional Liaison & Special Counsel to the Chair at the Administrative Conference of the United States. Any views expressed belong to the author and do not necessarily represent the views of the Administrative Conference or the federal government.