Completed projects

Recusal, the voluntary or involuntary withdrawal of an adjudicator from a particular proceeding, is an important tool for maintaining the integrity of adjudication.

Recommendation 2012-6 – The Need to Reform 28 U.S.C. § 1500 urges Congress to repeal Section 1500, which divests the U.S. Court of Federal Claims of jurisdiction when a plaintiff has claims against the government based on substantially the same operative facts pending in another court, and replace it with a provision that would create a presumption that in such circumstances, later-filed actions would be stayed.

Recommendation 2021-9, Regulation of Representatives in Agency Adjudicative Proceedings – This recommendation recommends that agencies consider adopting rules governing attorney and non-attorney representatives in order to promote accessibility, fairness, integrity, and efficiency in agency adjudicative proceedings.

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.

Recommendation 2022-5, Regulatory Enforcement Manuals – Considering the extent to which agencies have developed enforcement manuals, this recommendation identifies best practices associated with their development, management and use; their contents and form of presentation; and how manuals are disseminated to staff and made publicly available.

Recommendation 2017-7 – Regulatory Waivers and Exemptions provides best practices to agencies in structuring their waiver and exemption procedures for regulatory requirements.

Recommendation 2013-6 – Remand Without Vacatur examines judicial remand of an agency decision for further consideration while allowing the decision to remain in place. It examines this remedy 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.  

Recommendation 2014-1 – Resolving FOIA Disputes Through Targeted ADR Strategies addresses more effective use of alternative dispute resolution (ADR) approaches to help resolve disputes arising under the Freedom of Information Act (FOIA).

Recommendation 2014-5 – Retrospective Review of Agency Rules examines agencies’ procedures for reanalyzing and amending existing regulations and offers recommendations designed to promote a culture of retrospective review at agencies. Among other things, it urges agencies to plan for retrospective review when drafting new regulations; highlights considerations germane to selecting regulations for reeval

The Office of the Chairman of the Administrative Conference of the United States issued Revised Model Rules for Implementation of the Equal Access to Justice Act (EAJA) in August 2019.