ACUS Recommendations

Making formal recommendations is one of the primary activities of the Administrative Conference. The Conference’s research and the resulting recommendations are conducted through the Administrative Conference Project Process. The process includes: gathering and selecting ideas for a project, getting Council approval, selecting the researcher, having the researcher’s report considered by a committee, having the selected committee formulate a recommendation, having a committee’s recommendation considered by the Council and then the full Conference membership, and then implementation activities. Recommendations are adopted by the voting members of the Conference at semi-annual plenary sessions.

Regulatory Analysis Requirements

Recommendation 2012-1, Adopted on June 14, 2012
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Over the past several decades, the United States Congress and various Presidents have imposed numerous regulatory analysis requirements on administrative agencies in connection with their rulemaking activities.  Some of these requirements are relatively sweeping measures designed to ensure that ... Read more

Midnight Rules

Recommendation 2012-2, Adopted on June 14, 2012
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There has been a documented increase in the volume of regulatory activity during the last months of presidential terms.[1] This includes an increase in the number of legislative rules (normally issued under the Administrative Procedure Act’s (APA) notice and comment procedures)[2] and ... Read more

Immigration Removal Adjudication

Recommendation 2012-3, Adopted on June 15, 2012
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The U.S. immigration removal adjudication agencies and processes have been the objects of critiques by the popular press, organizations of various types, legal scholars, advocates, U.S. courts of appeals judges, immigration judges, Board of Immigration Appeals members and the Government ... Read more

Paperwork Reduction Act

Recommendation 2012-4, Adopted on June 15, 2012

The Paperwork Reduction Act (PRA), enacted in 1980 and revised upon its reauthorization in 1986 and 1995, created the Office of Information and Regulatory Affairs (OIRA) within the Office of Management and Budget (OMB) to oversee information policy within the executive branch. The Act requires, ... Read more

Improving Coordination of Related Agency Responsibilities

Recommendation 2012-5, Adopted on June 15, 2012

Many areas of government agency activities are characterized by fragmented and overlapping delegations of power to administrative agencies.  Congress often assigns more than one agency the same or similar functions or divides responsibilities among multiple agencies, giving each responsibility for ... Read more

Legal Considerations in e-Rulemaking

Recommendation 2011-1, Adopted on June 16, 2011

Agencies are increasingly turning to e-Rulemaking to conduct and improve regulatory proceedings. “E-Rulemaking” has been defined as “the use of digital technologies in the development and implementation of regulations”1 before or during the informal rulemaking process, i.e., ... Read more

Rulemaking Comments

Recommendation 2011-2, Adopted on June 16, 2011

One of the primary innovations associated with the Administrative Procedure Act (“APA”) was its implementation of a comment period in which agencies solicit the views of interested members of the public on proposed rules.1 The procedure created by the APA has come to be called ... Read more

Compliance Standards for Government Contractor Employees – Personal Conflicts of Interest and Use of Certain Non-Public Information

Recommendation 2011-3, Adopted on June 17, 2011

The Conference believes that it is important to ensure that services provided by government contractors—particularly those services that are similar to those performed by government employees—are performed with integrity and that the public interest is protected. In that light, the ... Read more

Agency Use Of Video Hearings: Best Practices And Possibilities For Expansion

Recommendation 2011-4, Adopted on June 17, 2011
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Since the early 1990s, video teleconferencing technology (“VTC”) has been explored by various entities in the public and private sectors for its potential use in administrative hearings and other adjudicatory proceedings.1   In the last 10 years, advances in technology and carrier ... Read more

Incorporation by Reference

Recommendation 2011-5, Adopted on December 8, 2011

Incorporation by reference allows agencies to comply with the requirement of publishing rules in the Federal Register to be codified in the Code of Federal Regulations (CFR) by referring to material published elsewhere.1 The practice is first and foremost intended to—and in fact ... Read more

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