This project will map and define the spectrum of assistance that parties to administrative proceedings may (or may not) have available to them. It will identify areas in which certain forms of assistance may be underutilized in administrative proceedings and, conversely, where agencies may be relying too heavily on certain types of assistance.
Ongoing projects
This project will study when agencies assert the good cause exemption and recommend best practices for public engagement when agencies find good cause to forgo notice-and-comment rulemaking procedures.
This project will recommend best practices regarding public participation in agency adjudicative proceedings.
This project examines agency approaches to regional administration of regulatory programs, including how much discretion and authority agencies delegate to regional offices, how agencies develop and disclose policies governing the relationship between regional and central offices, how regional offices develop and disclose local policies, and how agencies coordinate and oversee regional operations.
The Roundtable on Artificial Intelligence (AI) in Federal Agencies will help agencies develop and improve protocols and practices for using AI tools in their administrative processes. It will provide a forum for officials representing agencies across the federal government to exchange information and best practices related to uses of AI in rulemaking, adjudication, enforcement, and other administrative processes.
The administrative procedural practices of state and local governments might provide helpful lessons for federal agencies. ACUS is soliciting information about state- and local-government practices that federal agencies may wish to consider and could feasibly adopt. Examples may include:
ACUS has adopted dozens of recommendations to help agencies efficiently, equitably, and effectively provide opportunities for public input and dialogue when they issue, amend, and repeal rules. These recommendations identify principles and best practices for effective public engagement. They also recognize that there is no single approach to public engagement that will work for every agency in every rulemaking.
The Administrative Conference of the United States (ACUS) has issued dozens of recommendations pertaining to agencies’ proactive disclosure—or disclosure without having received a request—of administrative materials.
This project studies several issues identified but not addressed in Recommendation 2021-5, Clarifying Statutory Access to Judicial Review of Agency Action. First, it considers various questions related to the event that begins the period during which a litigant can challenge an agency action in federal court. Seco
This project will study how agencies are using or might use algorithmic tools—including AI and predictive analytics—to detect, investigate, and prosecute current and potential noncompliance with the laws they administer.