Handbook on Compiling Administrative Records for Informal Rulemaking

In Recommendation 2013-4, the Administrative Conference offered best practices for preserving, compiling, and certifying records for judicial review of informal rulemaking. The Conference also encouraged agencies to issue guidance to aid personnel in implementing those best practices. The Office of the Chairman convened a Working Group in 2019 to develop materials to assist agencies in developing such guidance.

The Working Group brought together representatives from the public and private sectors to develop a handbook that agencies can use to develop the guidance called for in Recommendation 2013-4. The resulting Handbook on Compiling Administrative Records for Informal Rulemaking, published in January 2022, addresses a wide range of legal, policy, technological, organizational, and personnel matters related to preserving, compiling, and certifying rulemaking records.


Working Group Members and Associated Individuals

Staff Counsel/Reporter: Jeremy Graboyes, Attorney Advisor, Administrative Conference of the United States

Members:

  • James Barton, Senior Associate, WilmerHale

  • Reeve T. Bull, Research Director, Administrative Conference of the United States

  • Daniel Cohen, Assistant General Counsel for Regulation, Department of Transportation

  • Peter Constantine, Associate Solicitor, Office of Legal Counsel Department of Labor

  • Kelly P. Dunbar, Partner, WilmerHale

  • Andrew Emery, President, The Regulatory Group

  • Claire J. Evans, Partner, Wiley Rein

  • Cynthia R. Farina, William G. McRoberts Research Professor in Administration of the Law, Emerita, Cornell Law School

  • Noelle Green, Attorney-Advisor, Office of General Counsel, Environmental Protection Agency

  • Allyson N. Ho, Partner, Gibson, Dunn & Crutcher

  • Lane Nemirow, Attorney-Advisor, Office of the Solicitor, Department of the Interior

  • Connor Raso, Senior Counsel, Office of General Counsel, Securities and Exchange Commission

  • Melissa Rifkin, Attorney, Office of General Counsel, Pension Benefit Guaranty Corporation

  • Peter Robbins, Attorney, Office of General Counsel, Department of Commerce

  • Adina Rosenbaum, Attorney, Public Citizen Litigation Group

  • Adam White, Senior Fellow, Antonin Scalia Law School

  • Matthew L. Wiener, Vice Chairman and Executive Director, Administrative Conference of the United States

  • Eric Womack, Assistant Director, Federal Programs Branch, Civil Division, Department of Justice 

Contacts:

Implementation Contact

Project Documents

Name Committee Type Date File
1-15-2020 Agenda Agenda Download 1-15-2020 Agenda
10-29-2019 Agenda Agenda Download 10-29-2019 Agenda
4-19-2021 Agenda Agenda Download 4-19-2021 Agenda
02-23-2021 Agenda Agenda Download 02-23-2021 Agenda
7-21-2020 Agenda Agenda Download 7-21-2020 Agenda
3-31-2020 Agenda Agenda Download 3-31-2020 Agenda
10-29-2019 Meeting Staff Counsel Report - Draft Meeting Minutes Download 10-29-2019 Meeting Staff Counsel Report - Draft
4-19-2021 Meeting Staff Counsel Report - Draft Meeting Minutes Download 4-19-2021 Meeting Staff Counsel Report - Draft
2-23-2021 Meeting Staff Counsel Report - Draft Meeting Minutes Download 2-23-2021 Meeting Staff Counsel Report - Draft
07-21-2020 Meeting Staff Counsel Report - Draft Meeting Minutes Download 07-21-2020 Meeting Staff Counsel Report - Draft
1-15-2020 Meeting Staff Counsel Report - Draft Meeting Minutes Download 1-15-2020 Meeting Staff Counsel Report - Draft
10-29-2019 Meeting Staff Counsel Report - Revised Meeting Minutes Download 10-29-2019 Meeting Staff Counsel Report - Revised
Handbook on Compiling Administrative Records for Informal Rulemaking Publication Download Handbook on Compiling Administrative Records for Informal Rulemaking
Draft Handbook - Working Group on Compiling Administrative Records Publication Download Draft Handbook - Working Group on Compiling Administrative Records
Components of and Exclusions from Rulemaking Records Memorandum Download Components of and Exclusions from Rulemaking Records
Introduction to the Working Group on Compiling Administrative Records Memorandum Download Introduction to the Working Group on Compiling Administrative Records
Timing of Compilation and Indexing Practices Memorandum Download Timing of Compilation and Indexing Practices
Adding Materials to Public Rulemaking Dockets Memorandum Download Adding Materials to Public Rulemaking Dockets
Components of and Exclusions from Public Rulemaking Dockets Memorandum Download Components of and Exclusions from Public Rulemaking Dockets
Adding Materials to Rulemaking Records Memorandum Download Adding Materials to Rulemaking Records

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