Obtaining Government Records for Use in Agency Proceedings

Agency decision makers and private parties frequently require access to records maintained by federal agencies to decide cases and participate meaningfully in agency adjudications, investigations, and similar proceedings. In some contexts, a private party is responsible for obtaining a record from the government—sometimes by submitting a Freedom of Information Act request—and providing the record to an agency decision maker. ​In other contexts, the agency decision maker is able to access the record without action by a private party or with the private party's consent. This project will examine circumstances in which parties are responsible for obtaining federal records for use in agency proceedings, circumstances in which agencies bear primary responsibility for obtaining federal records, and the procedures by which private parties and agency decision makers obtain federal records for use in agency proceedings. It will identify agency best practices to improve the fairness, accuracy, consistency, timeliness, and efficiency of agency decision making.