ACUS Announces Publication of Two Reports, Handbook on Federal Agency Processes

FOR IMMEDIATE RELEASE
Contact: Harry M. Seidman
202.480.2085
hseidman@acus.gov

ACUS Announces Publication of Two Reports, Handbook on Federal Agency Processes

Washington, D.C., January 31, 2022 – The Administrative Conference of the United States (ACUS) is pleased to announce the publication of two new reports and a handbook on federal agency processes for dispute resolution, regulatory enforcement, and rulemaking.

Alternative Dispute Resolution in Agency Administrative Programs, by Kristen Blankley (Nebraska College of Law), Kathleen Claussen (University of Miami School of Law), and Judith Starr (Starr ADR, LLC), examines how federal agencies use alternative dispute resolution in administrative programs including regulatory enforcement and claims adjudication. The report surveys how agencies select and implement different ADR modalities, select and train ADR personnel, regulate ADR ethics and confidentiality, and manage ADR caseloads.

Greenlighting Administrative Prosecution: Checks and Balances on Charging Decisions, by Michael Asimow (Santa Clara Law School), studies the legal questions and practical benefits and risks associated with agency heads’ involvement in decisions to investigate and charge enforcement targets at five independent regulatory agencies at which agency heads also serve as final adjudicatory decision makers.

The Handbook on Compiling Administrative Records for Informal Rulemaking will help agencies develop guidance for personnel involved in compiling public rulemaking dockets, administrative records for judicial review, and other records related to notice-and-comment rulemaking. The Handbook draws from several ACUS recommendations, including Recommendation 2013-4, which encouraged agencies to issue guidance to help personnel implement several best practices related to rulemaking records. 

The Handbook was developed by a working group of public- and private-sector representatives. “Their hard work, formidable expertise, and good judgment are evident on every page,” said Matthew Lee Wiener, ACUS’s Acting Chair, Vice Chair, and Executive Director. “It is my honor to thank them on behalf of ACUS.”

ACUS regularly publishes studies, sourcebook, and other resources that help government officials and the public better understand and improve federal administrative procedures. All resources are available online at www.acus.gov.

About ACUS

The Administrative Conference of the United States is an independent federal agency dedicated to improving the administrative process through consensus-driven applied research and providing nonpartisan expert advice and recommendations for federal agency procedures. Its membership is composed of senior federal officials, academics, and other experts from the private sector. Except for the Chairman, all Conference Members are unpaid.

The Conference is committed to promoting effective public participation and efficiency in the rulemaking process by leveraging interactive technologies and encouraging open communication with the public as well as making improvements to the regulatory process by reducing unnecessary litigation, and improving the use of science and the effectiveness of applicable laws.

Learn more at www.acus.gov.

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