ACUS Adopts Three Recommendations to Improve Efficiency, Fairness, Transparency, and Public Participation in Government Programs 

FOR IMMEDIATE RELEASE 
Contact: Harry M. Seidman 
Phone: 202. 480. 2085 
Email: hseidman@acus.gov  
 

ACUS Adopts Three Recommendations to Improve Efficiency, Fairness, Transparency, and Public Participation in Government Programs 

Washington, December 16, 2022 - At its 78th Plenary Session on December 15, the Administrative Conference of the United States (ACUS) adopted three recommendations to improve the efficiency, transparency, and fairness of administrative programs; reduce their costs to taxpayers; and enhance the public’s ability to participate in them.  

ACUS Chair, Andrew Fois, said the following, “Everyone involved with ACUS is thrilled with the success of this plenary. Once again, ACUS membership has worked together to produce recommendations to help make government work better. We will do everything possible to achieve implementation of these proposals.”

Recommendation 2022-4: Precedential Decision Making in Agency Adjudication. This recommendation identifies best practices on the use of precedential decisions in agency adjudication. It addresses whether agencies should issue precedential decisions and, if so, according to what criteria; what procedures agencies should follow to designate decisions as precedential and overrule previously designated decisions; and how agencies should communicate precedential decisions internally and publicly. It also recommends that agencies codify their procedures for precedential decision making in their rules of practice. Additional information is available here.  

Recommendation 2022-5: Regulatory Enforcement Manuals. This recommendation identifies best practices for agencies regarding the use and availability of enforcement manuals—that is, documents that provide agency personnel with a single, authoritative resource for enforcement-related statutes, rules, and policies. It recommends that agencies present enforcement manuals in a clear, logical, and comprehensive fashion; periodically review and update them as needed; ensure enforcement personnel can easily access them; and consider making manuals, or portions of manuals, publicly available. Additional information is available here.  

Recommendation 2022-6: Public Availability of Settlement Agreements in Agency Enforcement Proceedings. This recommendation identifies best practices for providing public access to settlement agreements reached during administrative enforcement proceedings. It recommends that agencies develop policies addressing when to post such agreements on their websites; provides factors for agencies to consider in determining which agreements to post on their websites; and identifies best practices for presenting settlement agreements in a clear, logical, and accessible manner without disclosing sensitive or otherwise protected information. Additional information is available here.  

About ACUS 

The Administrative Conference of the United States is an independent, non-partisan federal agency within the executive branch dedicated to improving administrative law and federal regulatory processes. It conducts applied research, and provides expert recommendations and other advice, to improve federal agency procedures. Its membership is composed of senior federal officials, academics, and other experts from the private sector. Since 1968, ACUS has issued hundreds of recommendations, published reports and reference guides, and organized forums to improve the efficiency, adequacy, and fairness of administrative processes such as rulemaking and adjudication. Many have resulted in reforms by federal agencies, the President, Congress, and the Judicial Conference of the United States. Learn more at www.acus.gov.

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