Report of the Conference on Administrative Procedure called by the President of the United States

The President of the United States, on April 29, 1953, at the instance of the Chief Justice of the United States in his capacity as Chairman of the Judicial Conference of the United States, called a conference  concerning unnecessary delay, expense and volume of records in some adjudicatory and rule-making proceedings in the Executive Departments and Administrative Agencies. To this Conference the Attorney General invited representatives of 56 departments and agencies having adjudicatory and rule-making functions; and at the request of the President, members of the Federal Judiciary, Federal Trial Examiners and members of the Bar participated.

The Conference was directed to study the problems above described, to exchange information, experience and suggestions, and to evolve by cooperative effort principles which may be applied and steps which may be taken severally by the departments and agencies toward the end that the administrative process may be improved to the benefit of all. It was not contemplated that the Conference would attempt to impose rules upon the departments, agencies or litigants. 

The results of the studies made by the Conference of the problems giving rise to unnecessary delay, expense and volume of records in adjudicatory and rule-making proceedings in the Executive Departments and Administrative Agencies are contained in the following Report. For the convenience of all, the Conference has formulated certain specific recommendations which are placed in the forefront of the Report. Some of these recommendations are addressed to the President of the United States, some to the Judicial Conference of the United States, some to the Civil Service Commission, some to the General Services Administration, and some to the several Executive Departments and Administrative Agencies having these functions. They are not designed for universal and uniform adoption by all of the departments and agencies, but for such selection and variation as, taking into consideration the particular functions, organization and procedures of each department or agency, may best contribute to the reduction of delay and expense, or of the volume of records, incident to adjudicatory and rulemaking proceedings* in so far as consistent with the requirements of justice.

* The usage in these recommendations and in the comments which follow conforms to the definitions contained in Section 2 of the Administrative Procedure Act of June 11, 1946 (5 U.S.C. 1001), subject to the limitations contained in the foreword. Thus the word "agency" includes all authorities, whether Department, Agency or Commission, having adjudicatory or rule-making proceedings which are subject to judical review.