This project surveys regulatory agencies’ investigative procedures and recommend best practices to promote accuracy, efficiency, and fairness in agency investigations of specific regulated entities. Among other topics, the project addresses agency practices for the initiation of investigations; the exchange of evidence and arguments between the agency and the targets of investigations; the issuance of subpoenas and warrants; standards by
Ongoing projects
This project will consist of a large-scale study of agency rules of practice and procedure. Among other topics, it will identify sources and definitions of procedural rules and subjects commonly addressed in them, and address agency discretionary authority in promulgating such rules, including the APA’s exemption from notice-and-comment rulemaking.
This project will examine in greater detail how agencies use, develop, manage, and disclose memoranda of understanding (MOUs) that involve the exercise of regulatory authority (for example through licensing and permitting, ratemaking, the granting of waivers and exemptions from regulatory requirements, and the investigation and prosecution of regulatory entities).
ACUS has long recommended that agencies employ statistical and nonstatistical techniques to evaluate the quality, timeliness, fairness, and efficiency of their adjudications, particularly in recent years given recent developments in electronic case management.
Members of Congress have introduced bills designed to amend or overhaul aspects of federal administrative procedure. Given the significance of these proposed reforms and the number of bills introduced, the Office of the Chair has compiled these bills as an easy reference for congressional staff and other practitioners in the administrative law space.
Federal agencies are required to consult with state and local governments when they develop regulatory policies that have “federalism implications” and with tribal governments when they develop regulatory policies that have “tribal implications.” This project will identify best practices and recommendations for action to facilitate effective consultation between federal agencies and state, local, and tribal officials in regulatory policymaking
The Council of Independent Regulatory Agencies (CIRA) provides a unique forum for officials at independent regulatory agencies to exchange information, hear the perspectives of outside experts, and identify issues that may be appropriate for Conference study.
The Council on Federal Agency Adjudication provides a forum for the heads of agency adjudication programs to exchange information—about procedural innovations, best management practices, and other subjects of mutual interest—that may be "useful in improving administrative procedure" (5 U.S.C. § 591). The Council also offers a forum for identifying subjects appropriate for ACUS study.
This project will identify best practices for drafting rulemaking preambles in light of recent developments in how courts review agency rules. It will address how agencies prepare preambles to proposed and final rules that include, among other topics, how agencies determined their legal authority, evaluated the rulemaking record, and reached policy decisions. This project will focus solely on best practices for agencies.
This project will examine the different processes and procedures employed by federal agencies that administer government benefit programs for effectuating an award of benefits; that is, the process by which agencies determine who should be paid; how much someone is eligible for or entitled to receive; when benefits are payable; how to pay the individual; and how to initiate the payment of such benefits.