Completed projects

The Congressional Review Act (“CRA”) implements a process for Congressional review of agency rules.  5 U.S.C.

Recommendation 2016-1 – Consumer Complaint Databases encourages agencies that make consumer complaints publicly available through online databases or downloadable data sets to adopt and publish written policies governing the dissemination of such information to the public.

Recommendation 2022-1, Contractors in Rulemaking – identifies best practices for managing contractors that assist agencies in the rulemaking process.

Recommendation 2015-3 – Declaratory Orders identifies contexts in which agencies should consider the use of declaratory orders in administrative adjudications.

Recommendation 2015-4 – Designing Federal Permitting Programs describes different types of permitting systems and provides factors for agencies to consider when designing or reviewing permitting programs.

Recommendation 2021-3, Early Input on Regulatory Alternatives — offers guidance about whether, when, and how agencies should solicit input on alternatives to rules under consideration before issuing notices of proposed rulemaking.

Recommendation 2018-3 – Electronic Case Management in Federal Administrative Adjudication offers guidance for agencies considering whether and how to implement an electronic case management system.

Recommendation 2016-4 – Evidentiary Hearings Not Required by the Administrative Procedure Act offers best practices to agencies for structuring evidentiary hearings that are not required by the Administrative Procedure Act. It suggests ways to ensure the integrity of the decisionmaking process; sets forth recommended pre-hearing, hearing, and post-hearing practices; and urges agencies to describe their

The Administrative Conference undertook a project to map the contours of the federal administrative adjudicatory process, including both “formal” adjudication conducted under the Administrative Procedure Act and “informal” adjudication.

This project examines federal administrative adjudication that is not subject to the adjudicatory provisions of the Administrative Procedure Act (i.e., non-APA adjudication) and takes the form of a sourcebook for agencies, Congress, the federal judiciary, and the public.