Providing asylum to the persecuted is a vital and treasured part of the American humanitarian tradition. It deserves reaffirmation and continued commitment. The asylum process, however, can also become a misused exception in the nation’s immigration laws, especially in a time of improved transcontinental travel and communications. Two important...
Adjudication (Recommendations)
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- Recommendation number: 89-4
- Adopted on: June 16, 1989
- Tags: Adjudication, Asylum, Hearings, Immigration, Judicial Review
- Recommendation number: 89-8
- Adopted on: December 14, 1989
- Tags: Adjudication, Adjudicatory Decisions, Freedom of Information Act (FOIA), Indexing, Public Information
This recommendation examines the obligation of agencies to index and make their adjudicatory decisions available to the public.
The Freedom of Information Act (FOIA) imposes numerous affirmative disclosure obligations on agencies. Under 5 U.S.C. 552(a)(2), each agency, in accordance with...
- Recommendation number: 90-1
- Adopted on: June 7, 1990
- Tags: Adjudication, Civil Money Penalties, Congress, Separation of Functions
In late 1987, Congress enacted an administrative civil money penalty program for violations of the Federal Aviation Act and its implementing safety regulations. The Civil Penalty Assessment Demonstration Program, a 2-year temporary program, was originally due to expire December 31, 1989. It was extended for 4 months in anticipation of the completion...
- Recommendation number: 90-4
- Adopted on: June 8, 1990
- Tags: Adjudication, Appeals, Disability, Hearings, Social Security
The Administrative Conference of the United States has undertaken numerous studies over the years relating to the appeals process in the Social Security Administration (SSA) disability program. It has issued four recommendations specifically involving the various levels of review in that program. It has also issued other more general recommendations...
- Recommendation number: 90-6
- Adopted on: December 17, 1990
- Tags: Adjudication, Administrative Law Judges (ALJs), Federal Rules of Evidence, Simplified Proceedings
The Occupational Safety and Health Commission (OSHRC) is an independent agency charged with adjudicating contested citations and penalties brought against employers by the Occupational Safety and Health Administration of the Department of Labor (Labor). Labor is responsible for promulgating substantive safety and health standards, conducting...
- Recommendation number: 88-8
- Adopted on: September 16, 1988
- Tags: Adjudication, Bank Regulation, Congress, Receivership, Savings and Loan, Thrifts
When a federally insured savings and loan institution (“thrift”) fails, the Federal Home Loan Bank Board (FHLBB) exercises overall regulatory control. The Federal Savings and Loan Insurance Corporation (FSLlC), under the direction of the FHLBB, ordinarily acts as receiver for federally insured thrifts, and, in that capacity, must pay the valid credit...
- Recommendation number: 91-10
- Adopted on: December 13, 1991
- Tags: Adjudication, Antidumping, Congress, Countervailing Duty, Foreign Exports to U.S.
This recommendation discusses several possible reforms of the administrative procedures used in U.S. antidumping (AD) and countervailing duty (CVD) cases. These cases usually arise when a petition is filed on behalf of a U.S. industry by one of several statutorily specified interested parties asking the U.S. Government to impose special duties to...
- Recommendation number: 91-8
- Adopted on: December 12, 1991
- Tags: Adjudication, Civil Money Penalties, Congress, Dispute Resolution, Enforcement, Mediation
The Federal Aviation Administration is currently operating a demonstration civil penalty program under which the FAA may impose monetary penalties of up to $50,000 for violations of the Federal Aviation Act or its regulations. Under the program, the FAA prosecutes violations, proposing initial civil money penalties according to the discretion of the...
- Recommendation number: 92-7
- Adopted on: December 10, 1992
- Tags: Adjudication, Administrative Law Judges (ALJs), Congress
PREAMBLE
At the request of the Office of Personnel Management, the Administrative Conference undertook a study of a series of issues relating to the roles of Federal administrative law judges (ALJs) and non-ALJ adjudicators, or administrative judges (AJs),...
- Recommendation number: 93-1
- Adopted on: January 10, 1993
- Tags: Adjudication, Administrative Procedure Act (APA), Congress
Since 1972, the Administrative Conference has been encouraging the use of administratively imposed civil money penalties as an enforcement tool. In Recommendation 72-6, the Conference recommended Congress provide for such remedies, to be imposed after a hearing (usually presided over by an administrative law judge) pursuant to the Administrative...