At its 71st Plenary Session held June 13, 2019, the Administrative Conference adopted four new recommendations, addressing: (1) Agency Guidance Through Interpretive Rules; (2) Agency Recruitment and Selection of Administrative Law Judges; (3) Public Availability of Agency Guidance Documents; and (4) Revised Model Rules for Implementation of the Equal Access to Justice Act. The complete […]
Rachel Potter’s new book, Bending the Rules, offers an intriguing new look into how agencies strategically use procedural discretion in rulemaking to achieve a desired outcome in the face of opposition. The tools agencies have to engage in this “procedural politicking” (as Potter calls it) arise within the “white space” that is created by the […]
The most recent issue of the Administrative Law Review has a unique offering: a mini-symposium of teaching guides to help instructors introduce students to voluntary codes and standards in a variety of law school classes. I authored one of the guides, on incorporation by reference, while Cary Coglianese and Gabriel Scheffler authored the second guide, on […]
The Administrative Conference will host its 71st Plenary Session on Thursday, June 13th at the George Washington University Law School, in the Jacob Burns Moot Court Room at 2000 H Street NW, Washington, DC 20052. The Assembly will consider amendments to ACUS’s bylaws and four recommendations. From the Federal Register notice announcing the meeting, the recommendations address […]
The Administrative Conference of the United States kicks off its spring committee meetings schedule this week, with new projects on: (1) Agency Guidance Through Interpretive Rules; (2) Public Availability of Agency Guidance; (3) Selection of Administrative Law Judges; and (4) Revisions to the Model Rules for Implementation of the Equal Access to Justice Act. These […]
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 […]
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 […]
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 […]
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 […]
The proposed GEAR Center is described as “a public-private partnership to improve mission delivery, citizen services, and stewardship of public resources.” OMB is requesting comments by September 14, 2018 from the public, academics, experts, and industry. The Request for Information (RFI) appears to have been only been posted online, with a shorter notice of its […]
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 […]
The Administrative Conference will host its 69th Plenary Session on June 14th and 15th, 2018. If you have attended previous plenary sessions and are planning to attend this one, please note the new location! For the first time, the Assembly will meet in the Jacob Burns Moot Court Room at George Washington University Law School. The agenda for the meeting […]
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 […]
The Administrative Conference of the United States is hiring! The agency is accepting applications for the full-time position of Attorney Advisor (to start this spring or summer), as well as for a term-limited fellowship designed for current or aspiring administrative law scholars (start date is flexible and will be negotiated). If you’re interested in administrative procedure and […]
A key question on every adlaw geek’s mind is how the Supreme Court’s decision in Lucia might affect the process for appointing Administrative Law Judges (ALJs). What if the Supreme Court holds that ALJs are inferior officers who must be appointed in compliance with Article II’s Appointments Clause? What implications, if any, would this have for […]