Model Adjudication Rules Working Group

Project Contacts

Staff Counsel
202.480.2091
dsheffner@acus.gov

The Office of the Chairman of the Administrative Conference of the United States has established a working group—the Model Adjudication Rules Working Group—to review and revise the Conference’s Model Adjudication Rules. Released in 1993 by a similar working group of the Conference, the Model Adjudication Rules were designed for use by federal agencies to amend or develop their procedural rules for hearings conducted under the Administrative Procedure Act. The original Model Adjudication Rules appear under “Project Documents” below. Numerous agencies have relied on the Model Rules to improve existing adjudicative schemes, and newer agencies, like the Consumer Financial Protection Bureau, have relied on them to design new procedures. Significant changes in adjudicative practices and procedures since 1993—including use of electronic case management and video hearings—necessitate a careful review and revision of the Model Adjudication Rules. In reviewing and revising the Model Rules, the Working Group will rely on the Conference’s extensive empirical research of adjudicative practices reflected in the Federal Administrative Adjudication Database, amendments to the Federal Rules of Civil Procedure since 1993, and input from agency officials, academics, practitioners, and other stakeholders.

The Office of the Chairman has established this working group under the provisions of the Administrative Conference Act. The primary purpose of the Act is to:

Provide suitable arrangements through which Federal agencies, assisted by outside experts, may cooperatively study mutual problems, exchange information, and develop recommendations for action by proper authorities to the end that private rights may be fully protected and regulatory activities and other Federal responsibilities may be carried out expeditiously in the public interest. [5 U.S.C. § 591(1)]

To carry out the purposes of the Act, the Chairman of the Conference has the authority to:

  • Make inquiries into matters important for Conference consideration [5 U.S.C. § 595(c)(1)]

  • Organize and direct studies using experts and consultants [5 U.S.C. § 595(c)(10)]

  • Accept voluntary and uncompensated services [5 U.S.C. § 595(c)(13)]

In accordance with the Conference’s commitment to public participation, transparency, and openness, each meeting will be open to the public, relevant documents (e.g., meeting notices, public comments, agendas, reports) will be made available to the public, and the revised Rules will be published in the Federal Register and on the Conference’s website.

The members of the Working Group are listed below and in an associated project document. For inquiries about the Working Group, please contact Dan Sheffner, Staff Counsel to the Working Group, at dsheffner@acus.gov.

Working Group Members and Associated Individuals

Reporter: Kent Barnett, Associate Professor of Law, University of Georgia School of Law

Staff Counsel: Daniel Sheffner, Attorney Advisor, Administrative Conference of the United States

Members:

  • Thomas McCarthy (Chair), Administrative Law Judge, Federal Mine Safety and Health Review Commission

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

  • John Coleman, Deputy General Counsel for Litigation and Oversight, Legal Division, Consumer Financial Protection Bureau (Alternate: Jack Barrett, Senior Litigation Counsel)

  • David Engstrom, Professor of Law, Stanford Law School

  • Jeffrey Freund, Senior Counsel, Bredhoff & Kaiser, PLLC

  • Nancy Griswold, Chief Administrative Law Judge, Office of Medicare Hearings and Appeals, Department of Health and Human Services (Alternate: Brian Haring, Deputy Chief Administrative Law Judge)

  • John Irving, Of Counsel, Kirkland & Ellis

  • Emery Lee, Senior Research Associate, Federal Judicial Center

  • Tommy Rogers, Chairman (Retired), Occupational Safety and Health Review Commission

  • Jean King, General Counsel, Executive Office for Immigration Review, Department of Justice (Alternate: Patricia Allen, Associate General Counsel)

  • David Shonka, Principal Deputy General Counsel, Federal Trade Commission (Alternate: Kenny Wright, Attorney)

  • Matt Wiener, Vice Chair and Executive Director, Administrative Conference of the United States