Recommendations

Making formal recommendations is one of the primary activities of the Administrative Conference. The Conference’s research and the resulting recommendations are conducted through our Project Process. The process includes: gathering and selecting ideas for a project, getting Council approval, selecting the researcher, having the researcher’s report considered by a committee, having the selected committee formulate a recommendation, having a committee’s recommendation considered by the Council and then the full Conference membership, and then implementation activities. Recommendations are adopted by the voting members of the Conference at semi-annual plenary sessions.

On occasion, the Conference membership has acted to adopt a “Statement” to express its views on a particular matter without making a formal recommendation on the subject.  Conference statements are typically the product of the same process that leads to recommendations, but may set forth issues, conclusions from a study, or comments, rather than recommendations.  During the Conference’s prior history, from 1968 through 1995, it adopted 17 such statements, which are included in the searchable database of recommendations.

Browse by Tags:

Show tags

Improving Consistency in Social Security Disability Adjudications

Download

Recommendation 2013-1, “Improving Consistency in Social Security Disability Adjudications,” identifies ways to improve the adjudication of Social Security disability benefits claims before administrative law judges and the Appeals Council, suggests changes to the evaluation of opinion evidence from medical professionals, and encourages the agency to enhance data capture and reporting.

Benefit-Cost Analysis

Download

Recommendation 2013-2, “Benefit-Cost Analysis at Independent Regulatory Agencies,” highlights a series of best practices directed at independent regulatory agencies in the preparation of benefit-cost analyses that accompany proposed and final rules.

Science in the Administrative Process

Download
  • Recommendation number: 2013-3
  • Adopted on: June 14, 2013
  • Committees: Regulation
  • Tags: Science

Recommendation 2013-3, “Science in the Administrative Process,” promotes transparency in agencies' scientific decision-making, including: articulation of questions to be informed by science information; attribution for agency personnel who contributed to scientific analyses; public access to underlying data and literature; and conflict of interest disclosures for privately funded research used by the agencies in licensing,...

Administrative Record in Informal Rulemaking

Download
  • Recommendation number: 2013-4
  • Adopted on: June 14, 2013
  • Committees: Judicial Review

Recommendation 2013-4, “The Administrative Record in Informal Rulemaking,” offers best practices for agencies in the compilation, preservation, and certification of records in informal rulemaking, and supports the judicial presumption of regularity for agency administrative records except in certain limited circumstances.

Social Media in Rulemaking

Download

Recommendation 2013-5, “Social Media in Rulemaking,” provides guidance to agencies on whether, how, and when social media might be used both lawfully and effectively to support rulemaking activities.

Remand Without Vacatur

Download

Recommendation 2013-6, “Remand Without Vacatur,” examines the judicial remedy of remand without vacatur on review of agency actions and equitable factors that may justify its application. The recommendation offers guidance for courts that remand agency actions and for agencies responding to judicial remands.

GPRA Modernization Act of 2010: Examining Constraints To, and Providing Tools For, Cross-Agency Collaboration

Download

Recommendation 2013-7, “The GPRA Modernization Act of 2010: Examining Constraints To, and Providing Tools For, Cross-Agency Collaboration,” examines perceived and real constraints to cross-agency collaboration under the Government Performance and Results Act (GPRA) Modernization Act and highlights tools available to help agencies collaborate. It offers guidance to help increase transparency, improve information sharing, and...

Statement #18: Improving the Timeliness of OIRA Regulatory Review

Download

Statement # 18, “Improving the Timeliness of OIRA Regulatory Review,” highlights potential mechanisms for improving review times of rules under review by the Office of Information and Regulatory Affairs (OIRA), including promoting enhanced coordination between OIRA and agencies prior to the submission of rules, encouraging increased transparency concerning the reasons for delayed reviews, and ensuring that OIRA has adequate staffing...

Regulatory Analysis Requirements

Download
  • Recommendation number: 2012-1
  • Adopted on: June 14, 2012
  • Committees: Regulation

Recommendation 2012-1, “Regulatory Analysis Requirements,” considers the various regulatory analysis requirements imposed upon agencies by both executive orders and statutes. It offers recommendations designed to ensure that agencies satisfy the existing requirements in the most efficient and transparent manner possible. It also provides recommendations on streamlining the existing analysis requirements.

Midnight Rules

Download
Project: Midnight Rules

Recommendation 2012-2, “Midnight Rules,” addresses several issues raised by the publication of rules in the final months of a presidential administration. The recommendation offers a number of proposals for limiting the practice of issuing midnight rules by incumbent administrations and enhancing the powers of incoming administrations to review midnight rules.

Pages