Administrative Record in Informal Rulemaking

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Committee: 
Administrative Record in Informal Rulemaking in stage 8. Implementation

Project Stages:

1. Gather ideas - Completed
2. Select ideas - Completed
3. Council approval - Completed
4. Picking a researcher - Completed
5. Committee consideration - Completed
6. Back to the council - Completed
7. Consideration by the full conference - Completed
8. Implementation - Current
Stage:  
8. Implementation
Status Notes:  
Recommendation 2013-4 adopted June 14, 2013.

Contacts

Implementation Contact and Staff Counsel
202.480.2089
statham@acus.gov
Committee Chair
William R. Orthwein Distinguished Professor of Law
Washington University School of Law
314.935.6490
levin@wulaw.wustl.edu
Consultant
Leland E. Beck
Attorney and Counsellor at Law
Leland E. Beck, Esq.
202.621.1830
Media
202.480.2091
mkindelan@acus.gov

At its Plenary Session on June 13-14, 2013, the Administrative Conference of the United States adopted Recommendation 2013-4, concerning the Administrative Record in Informal Rulemaking. The recommendation identifies the essential components of 1) agencies’ rulemaking records maintained internally, 2) their public rulemaking dockets, and 3) administrative records for judicial review.  The recommendation urges agencies to develop policies for the treatment and indexing of privileged and protected materials in their public rulemaking dockets and administrative records for judicial review, as well as more general guidance to aid personnel in implementing these best practices. It also recommends a number of agency best practices in the areas of recordkeeping, compilation, and preservation. Finally, it addresses agency certification of administrative records for judicial review, supports the well-established presumption of regularity afforded by courts to agency administrative records, and identifies limited circumstances where supplementation or completion of the administrative record may be appropriate.

Final Recommendation

  • 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.

Project Documents

Name Committee Type Datesort descending
Report of the Conference on Administrative Procedure called by the President of the United States Judicial Review Publication April 29, 1953 Download
Webcast of the Committee’s October 3, 2012 Meeting Judicial Review Webcast October 3, 2012 Watch Video
Committee on Judicial Review Meeting Minutes Judicial Review Meeting Minutes October 17, 2012 Download
Webcast of the Committee’s October 17, 2012 Meeting Judicial Review Webcast October 17, 2012 Watch Video
Administrative Record Draft Recommendation Judicial Review Recommendation March 15, 2013 Download
Administrative Record Report Draft Judicial Review Report March 15, 2013 Download
Jim Tozzi Comment Judicial Review Member Comment March 17, 2013 Download
Committee on Judicial Review Meeting Agenda Judicial Review Agenda March 19, 2013 Download
Committee on Judicial Review Meeting Minutes Judicial Review Meeting Minutes March 19, 2013 Download
Webcast of the Committee's March 19, 2013 Meeting Judicial Review Webcast March 19, 2013 Watch Video
Administrative Record Redline Revised Draft Report Judicial Review Report March 27, 2013 Download
Administrative Record Revised Draft Report Judicial Review Report March 27, 2013 Download
Administrative Record Revised Draft Recommendation Judicial Review Recommendation March 28, 2013 Download
Administrative Record Redline Revised Draft Recommendation Judicial Review Recommendation March 28, 2013 Download
Alan Morrison Comment Judicial Review Member Comment March 30, 2013 Download
David Shonka Comment Judicial Review Member Comment April 1, 2013 Download
Administrative Record Revised Draft Recommendation with Judicial Review Provisions Judicial Review Recommendation April 3, 2013 Download
Committee on Judicial Review Meeting Agenda Judicial Review Agenda April 3, 2013 Download
Webcast of the Committee's April 3, 2013 Meeting Judicial Review Webcast April 3, 2013 Watch Video
Administrative Record Further Revised Draft Recommendation Judicial Review Recommendation April 18, 2013 Download
Committee on Judicial Review Meeting Agenda Judicial Review Agenda April 22, 2013 Download
Draft Administrative Record Recommendation _ Member Comments Judicial Review Recommendation April 22, 2013 Download
Webcast of the Committee's April 22, 2013 Meeting Judicial Review Webcast April 22, 2013 Watch Video
COJR _ Administrative Record Draft Report _ Redline 3/27/13 to 5/14/13 Judicial Review Report May 14, 2013 Download
Administrative Record Proposed Recommendation Judicial Review Recommendation May 14, 2013 Download
Agency Practices and Judicial Review of Administrative Records in Informal Rulemaking Judicial Review Report May 14, 2013 Download
Administrative Record Proposed Recommendation Proposed Amendments Judicial Review Recommendation June 6, 2013 Download
Administrative Record in Informal Rulemaking Judicial Review Recommendation June 14, 2013 Download
Administrative Record in Informal Rulemaking _ Proposed to Final Recommendation Redline Judicial Review Recommendation June 20, 2013 Download
Committee on Judicial Review Meeting Minutes Judicial Review Meeting Minutes November 7, 2013 Download

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