Adjudication | Administrative Conference of the United States

This page provides access to many of the recommendations, publications, and other materials related to adjudication that have been prepared by ACUS or for its consideration.

A new page, Coronavirus and Adjudication, catalogs resources related to adjudication management during the ongoing national emergency.

Please contact Jeremy Graboyes (jgraboyes@acus.gov) for more information or to provide additions, updates, or corrections.

Adjudication, Generally
Administrative Judges (see Presiding Officials)
Administrative Law Judges (see Presiding Officials)
Agency Structure (see also Appellate Systems)
Alternative Dispute Resolution
Appellate Systems
Attorney’s Fees (see Equal Access to Justice Act and Representation)
Case Management
Civil Monetary Penalties
Counsel (see Representation)
Data Collection and Analysis
Equal Access to Justice Act (EAJA)
Evidentiary Rules
Licensing
Non-APA Adjudication (see Adjudication, Generally)
Presiding Officials
Procedural Rules
Public Availability of Information
Public Participation
Quality Assurance
Recusal and Disqualification
Representation
Split-Enforcement Model (see Agency Structure)
Technology
Video Hearings (see Technology)

ADJUDICATION, GENERALLY

Assembly Recommendations

Recommendation 2016-4, Evidentiary Hearings Not Required by the Administrative Procedure Act

Model Rules

Model Adjudication Rules (rev. 2018)

Publications and Reports

Michael Asimow, Federal Administrative Adjudication Outside the Administrative Procedure Act (2019)
Michael Asimow, Evidentiary Hearings Outside the Administrative Procedure Act (Nov. 10, 2016)
Morell E. Mullins, Manual for Administrative Law Judges (3d ed. 1993)

Databases

Federal Administrative Adjudication Database (2013)

News Releases and Blog Posts

Matthew Lee Wiener, General Rules for Agency Adjudications? (Oct. 29, 2018)

Forums and Workshops

Symposium on Federal Agency Adjudication (August 2020)
Forum on Federal Administrative Adjudication (Sep. 29, 2017)

AGENCY STRUCTURE

See also Appellate Systems.

Assembly Recommendations

Recommendation 91-8, Adjudication of Civil Penalties Under the Federal Aviation Act
Recommendation 90-1, Civil Money Penalties for Federal Aviation Violations
Recommendation 86-4, The Split-Enforcement Model for Agency Adjudication

Publications and Reports

Matthew Lee Wiener, Gretchen Jacobs & Emily S. Bremer, Equal Employment Opportunity Commission: Evaluating the Status and Placement of Adjudicators in the Federal Sector Hearing Program (Mar. 31, 2014)
Henry H. Perritt, Jr., Adjudication of Civil Penalties Under the Federal Aviation Act (1991)
Richard H. Fallon, Jr., Enforcing Aviation Safety Regulations: The Case for a Split-Enforcement Model of Agency Adjudication, 4 Admin. L.J. 389 (1991)
George Robert Johnson, Jr., The Split-Enforcement Model: Some Conclusions from the OSHA and MSHA Experiences, 39 Admin. L. Rev. 315 (1987)

ALTERNATIVE DISPUTE RESOLUTION

Assembly Recommendations

Recommendation 2016-4, Evidentiary Hearings Not Required by the Administrative Procedure Act
Recommendation 95-6, ADR Confidentiality and the Freedom of Information Act
Recommendation 88-11, Encouraging Settlements by Protecting Mediator Confidentiality
Statement #13: Dispute Resolution Procedure in Reparations and Similar Cases
Recommendation 88-5, Agency Use of Settlement Judges
Recommendation 87-5, Arbitration in Federal Programs
Recommendation 86-8, Acquiring the Services of “Neutrals” for Alternative Means of Dispute Resolution
Recommendation 86-3, Agencies’ Use of Alternative Means of Dispute Resolution

Model Rules

Model Adjudication Rules (rev. 2018)

Publications and Reports

Michael Asimow, Evidentiary Hearings Outside the Administrative Procedure Act (Nov. 10, 2016)
Mark H. Grunewald, The Freedom of Information Act and Confidentiality Under the Administrative Dispute Resolution Act (1995)
Philip J. Harter, Neither Cop Nor Collection Agent: Encouraging Administrative Settlements by Ensuring Mediator Confidentiality (Nov. 15, 1988)
Marianne K. Smythe, The Reparations Program of the Commodity Futures Trading Commission: Reducing Formality in Agency Adjudication, 2 Admin. L.J. 39 (1988)
Daniel Joseph & Michelle L. Gilbert, Breaking the Settlement Ice: The Use of Settlement Judges in Administrative Proceedings (May 20, 1988)
Harold H. Bruff, The Constitutionality of Arbitration in Federal Programs (May 27, 1987)
Philip J. Harter, Points on a Continuum: Dispute Resolution Procedures and the Administrative Process (June 5, 1986)
George D. Ruttinger, Acquiring the Services of Neutrals for Alternative Means of Dispute Resolution and Negotiated Rulemaking (Nov. 19, 1986)

Current Projects

Alternative Dispute Resolution in Agency Adjudication (ongoing)

APPELLATE SYSTEMS

Assembly Recommendations

Recommendation 2016-4, Evidentiary Hearings Not Required by the Administrative Procedure Act
Recommendation 90-4, Social Security Disability Program Appeals Process: Supplementary Recommendation
Recommendation 87-7, A New Role for the Social Security Appeals Council
Recommendation 86-5, Medicare Appeals
Recommendation 83-3, Agency Structures for Review of Decisions of Presiding Officers Under the Administrative Procedure Act
Recommendation 71-1, Interlocutory Appeal Procedures
Recommendation 68-6, Delegation of Final Decisional Authority Subject to Discretionary Review by the Agency

Current Projects

Agency Appellate Systems (ongoing)

Model Rules

Model Adjudication Rules (rev. 2018)

Publications and Reports

Michael Asimow, Evidentiary Hearings Outside the Administrative Procedure Act (Nov. 10, 2016)
Frank S. Bloch, Report and Recommendations on the Social Security Administration’s Administrative Appeals Process (1990)
Ronald A. Cass, Agency Review of Administrative Law Judges’ Decisions (1983)
Charles H. Koch, Jr. & David A. Koplow, The Fourth Bite at the Apple: A Study of the Operation and Utility of the Social Security Administration’s Appeals Council (Jan. 28, 1988)
Eleanor D. Kinney, The Medicare Appeals System for Coverage and Payment Disputes: Achieving Fairness in a Time of Constraint, 1 Admin. L.J. 1 (1987)
Ernest Gellhorn & Paul B. Larsen, Interlocutory Appeal Procedures in Administrative Hearings, 70 Mich. L. Rev. 109 (1971)
James O. Freedman, Report of the Committee on Agency Organization and Procedure in Support of Intermediate Appellate Boards (1968)

CASE MANAGEMENT

Assembly Recommendations

Recommendation 2018-3, Electronic Case Management in Federal Administrative Adjudication
Recommendation 86-7, Case Management as a Tool for Improving Agency Adjudication
Recommendation 78-3, Time Limits on Agency Actions
Recommendation 73-3, Quality Assurance Systems in the Adjudication of Claims of Entitlement to Benefits or Compensation

Publications and Reports

Felix F. Bajandas & Gerald K. Ray, Implementation and Use of Electronic Case Management Systems in Federal Agency Adjudication (May 23, 2018)
Charles Pou, Jr. & Charlotte Jones, Agency Time Limits as a Tool for Reducing Regulatory Delay (1986)
Richard B. Cappalli, Model for Case Management: The Grant Appeals Board (1986)
Edward A. Tomlinson, Report on the Experience of Various Agencies with Statutory Time Limits Application to Licensing or Clearance Functions and to Rulemaking (1978)
Jerry L. Mashaw, Quality Assurance Systems in the Adjudication of Claims of Entitlement to Benefits or Compensation (1973)

News Releases and Blog Posts

Felix Bajandas & Gavin Young, Electronic Case Management Can Improve Adjudication (Nov. 1, 2018) (originally published on The Regulatory Review)

CIVIL MONETARY PENALTIES

Assembly Recommendations

Recommendation 93-1, Use of APA Formal Procedures in Civil Money Penalty Proceedings
Recommendation 91-8, Adjudication of Civil Penalties Under the Federal Aviation Act
Recommendation 90-1, Civil Money Penalties for Federal Aviation Violations
Recommendation 79-3, Agency Assessment and Mitigation of Civil Money Penalties
Recommendation 72-6, Civil Money Penalties as a Sanction

Publications and Reports

William Funk, Close Enough for Government Work?—Using Informal Procedures for Imposing Administrative Penalties, 24 Seton Hall L. Rev. 1 (1993)
Henry H. Perritt, Jr., Adjudication of Civil Penalties Under the Federal Aviation Act (1991)
Colin S. Diver, The Assessment and Mitigation of Civil Money Penalties by Federal Administrative Agencies, 79 Colum. L. Rev. 1435 (1979)
Harvey J. Goldschmid, An Evaluation of the Present and Potential Use of Civil Money Penalties by Federal Administrative Agencies (1972)

DATA COLLECTION AND ANALYSIS

See also Artificial Intelligence.

Assembly Recommendations

Recommendation 2018-3, Electronic Case Management in Federal Administrative Adjudication
Recommendation 2013-1, Improving Consistency in Social Security Disability Adjudications
Recommendation 86-7, Case Management as a Tool for Improving Agency Adjudication
Recommendation 73-3, Quality Assurance Systems in the Adjudication of Claims of Entitlement to Benefits or Compensation
Recommendation 69-6, Compilation of Statistics on Administrative Proceedings by Federal Departments and Agencies

Publications and Reports

Felix F. Bajandas & Gerald K. Ray, Implementation and Use of Electronic Case Management Systems in Federal Agency Adjudication (May 23, 2018)
Gretchen Jacobs, Funmi Olorunnipa & Amber Williams, SSA Disability Benefits Adjudication Process: Assessing the Impact of the Region I Pilot Program (Dec. 23, 2013)
Harold J. Krent & Scott Morris, Achieving Greater Consistency in Social Security Disability Adjudication: An Empirical Study and Suggested Reforms (Apr. 3, 2013)
Charles Pou, Jr. & Charlotte Jones, Agency Time Limits as a Tool for Reducing Regulatory Delay (1986)
Richard B. Cappalli, Model for Case Management: The Grant Appeals Board (1986)
Jerry L. Mashaw, Quality Assurance Systems in the Adjudication of Claims of Entitlement to Benefits or Compensation (1973)
Report of the Committee on Licenses and Authorizations in Support of Recommendation No. 14 (Compilation of Statistics on Administrative Proceedings by Federal Departments and Agencies) (1969)

EQUAL ACCESS TO JUSTICE ACT (EAJA)

Assembly Recommendations

Recommendation 2019-4, Revised Model Rules for Implementation of the Equal Access to Justice Act
Recommendation 92-5, Streamlining Attorney’s Fee Litigation Under the Equal Access to Justice Act

Model Rules

Revised Model Rules for Implementation of the Equal Access to Justice Act (rev. 2019)

Publications and Research Reports

Harold J. Krent, Monitoring the Federal Government’s Conduct Through Fee Shifting Under the Equal Access to Justice Act: An Inconclusive Experiment (1992)

EVIDENTIARY RULES

Assembly Recommendations

Recommendation 2019-6, Independent Research by Agency Adjudicators in the Internet Age
Recommendation 2016-4, Evidentiary Hearings Not Required by the Administrative Procedure Act
Recommendation 86-2, Use of Federal Rules of Evidence in Federal Agency Adjudications
Recommendation 83-4, The Use of the Freedom of Information Act for Discovery Purposes
Recommendation 70-4, Discovery in Agency Adjudication

Model Rules

Model Adjudication Rules (rev. 2018)

Publications and Reports

Jeremy S. Graboyes, Independent Research by Agency Adjudicators in the Internet Age (Oct. 31, 2019)
Michael Asimow, Evidentiary Hearings Outside the Administrative Procedure Act (Nov. 10, 2016)
Richard J. Pierce, Jr., Use of the Federal Rules of Evidence in Federal Agency Adjudications, 39 Admin. L. Rev. 1 (1987)
Edward A. Tomlinson, Use of the Freedom of Information Act for Discovery Purposes (1983)
Edward A. Tomlinson, Discovery in Agency Adjudication, 1971 Duke L.J. 89 (1971)

LICENSING

Assembly Recommendations

Recommendation 75-1, Licensing Decisions of the Federal Banking Agencies
Recommendation 73-6, Procedures for Resolution of Environmental Issues in Licensing Proceedings
Recommendation 69-7, Consideration of Alternatives in Licensing Procedures

Publications and Reports

Kenneth E. Scott, In Quest of Reason: The Licensing Decisions of the Federal Banking Agencies, 42 U. Chi. L. Rev. 235 (1975)
Arthur W. Murphy, The National Environmental Policy Act and the Licensing Process: Environmentalist Magna Carta or Agency Coup de Grace? (1973)
Report of the Committee on Licenses and Authorizations in Support of Recommendation No. 15 (Consideration of Alternatives in Licensing Procedures) (1969)

PRESIDING OFFICIALS

Assembly Recommendations

Recommendation 2019-6, Independent Research by Agency Adjudicators in the Internet Age
Recommendation 2019-2, Agency Recruitment and Selection of Administrative Law Judges
Recommendation 2016-4, Evidentiary Hearings Not Required by the Administrative Procedure Act
Recommendation 2018-4, Recusal Rules for Administrative Adjudicators
Recommendation 92-7, The Federal Administrative Judiciary
Recommendation 69-9, Recruitment and Selection of Hearing Examiners; Continuing Training for Government Attorneys and Hearing Examiners; Creation of a Center for Continuing Legal Education in Government

Publications and Reports

Louis J. Virelli III, Administrative Recusal Rules: A Taxonomy and Study of Existing Recusal Standards for Agency Adjudicators (May 14, 2020)
Jeremy S. Graboyes, Independent Research by Agency Adjudicators in the Internet Age (Oct. 31, 2019)
Jack M. Beermann & Jennifer L. Mascott, Research Report on Federal Agency ALJ Hiring After Lucia and Executive Order 13843 (May 29, 2019)
Louis J. Virelli III, Recusal Rules for Administrative Adjudicators (Nov. 30, 2018)
Kent Barnett, Logan Cornett, Malia Reddick & Russell Wheeler, Non-ALJ Adjudicators in Federal Agencies: Status, Selection, Oversight, and Removal (Sep. 24, 2018)
Michael Asimow, Evidentiary Hearings Outside the Administrative Procedure Act (Nov. 10, 2016)
Matthew Lee Wiener, Gretchen Jacobs & Emily S. Bremer, Equal Employment Opportunity Commission: Evaluating the Status and Placement of Adjudicators in the Federal Sector Hearing Program (Mar. 31, 2014)
John H. Frye, III, Survey of Non-ALJ Hearing Programs in the Federal Government (Aug. 1991)
Victor G. Rosenbloom, Contexts and Contents of “For Good Cause” as Criterion for Removal of Administrative Law Judges: Legal and Policy Factors (1984)
Robert E. Park, Report of the Committee on Personnel in Support of Recommendation No. 17 (Recruitment and Selection of Hearing Examiners; Continuing Training for Government Attorneys and Hearing Examiners; Creation of a Center for Continuing Legal Education in Government) (1969)

News Releases and Blog Posts

Jack Beermann, The Future of Administrative Law Judge Selection (Oct. 31, 2019) (originally published on The Regulatory Review)
Louis J. Virelli III, Recusal Rules for Administrative Adjudicators (June 4, 2019) (originally published on The Regulatory Review)