The Administrative Conference has announced that it is delaying consideration of the slate of projects that were set for this spring, including by delaying the plenary session that was scheduled for June. This decision is prudent, if not surprising. How long the postponement will last has not yet been decided, but whenever new dates are […]
I’ve been remiss in updating you, dear reader, on what was a very productive ACUS Plenary session in December 2019. The Assembly adopted five new recommendations, on a host of timely subjects. From ACUS’s promptly published Federal Register notice: Recommendation 2019-5, Agency Economists, addresses the placement of economists within rule-writing agencies (e.g., centralized versus dispersed throughout the agency) […]
The Administrative Conference will host its 72nd Plenary Session on Thursday, December 12th at the George Washington University Law School, in the Jacob Burns Moot Court Room at 2000 H Street NW, Washington, DC 20052. The Assembly will consider five proposed recommendations. From the Federal Register notice announcing the meeting, the proposed recommendations address the following subjects: Agency Economists. This proposed recommendation addresses the placement of economists within […]
I’m delighted to announce that over the next week and a half, we’re hosting an online symposium on JoAnne Yates and Craig N. Murphy‘s fascinating new book, Engineering Rules: Global Standard Setting since 1880. Yates is the Sloan Distinguished Professor of Management and a Professor of Work and Organization Studies and Managerial Communication at the MIT Sloan School of […]
The Administrative Conference of the United States kicks off its fall committee meetings this week, with a slate of new projects on: (1) Acting Agency Officials and Delegations of Authority; (2) Listing Agency Officials; (3) Agency Economists; (4) Internet Evidence in Agency Adjudications; and (5) Recruiting and Hiring Agency Attorneys. These projects are targeted for completion at the 72nd […]
At its 71st Plenary Session held June 13, 2019, the Administrative Conference adopted four new recommendations, addressing: (1) Agency Guidance Through Interpretive Rules; (2) Agency Recruitment and Selection of Administrative Law Judges; (3) Public Availability of Agency Guidance Documents; and (4) Revised Model Rules for Implementation of the Equal Access to Justice Act. The complete […]
Rachel Potter’s new book, Bending the Rules, offers an intriguing new look into how agencies strategically use procedural discretion in rulemaking to achieve a desired outcome in the face of opposition. The tools agencies have to engage in this “procedural politicking” (as Potter calls it) arise within the “white space” that is created by the […]
The most recent issue of the Administrative Law Review has a unique offering: a mini-symposium of teaching guides to help instructors introduce students to voluntary codes and standards in a variety of law school classes. I authored one of the guides, on incorporation by reference, while Cary Coglianese and Gabriel Scheffler authored the second guide, on […]
The Administrative Conference will host its 71st Plenary Session on Thursday, June 13th at the George Washington University Law School, in the Jacob Burns Moot Court Room at 2000 H Street NW, Washington, DC 20052. The Assembly will consider amendments to ACUS’s bylaws and four recommendations. From the Federal Register notice announcing the meeting, the recommendations address […]
The Administrative Conference of the United States kicks off its spring committee meetings schedule this week, with new projects on: (1) Agency Guidance Through Interpretive Rules; (2) Public Availability of Agency Guidance; (3) Selection of Administrative Law Judges; and (4) Revisions to the Model Rules for Implementation of the Equal Access to Justice Act. These […]
The Administrative Conference recently published its newest slate of recommendations, which the Assembly adopted at its 70th Plenary session, held in December 2018. Two of the recommendations drew separate statements from members of the Assembly. As I have previously explained, separate statements are permitted by the Administrative Conference Act (5 U.S.C. 595(a)(1)) and the agency’s bylaws, but […]
The Administrative Conference will host its 70th Plenary Session on December 13th and 14th, 2018. Once again, the meeting will be held at the George Washington University Law School, Jacob Burns Moot Court Room, 2000 H Street NW, Washington, DC 20052. The Assembly is set to consider five proposed recommendations. From the Federal Register notice, these recommendations […]
If you’re in the DC area this week, ACUS and the Administrative Law Review are co-hosting an interesting forum on Mass and Fake Comments in Agency Rulemaking. From ACUS’s Administrative Fix blog, here’s a summary of the subjects to be discussed: When agencies propose new regulations, the Administrative Procedure Act requires that they provide interested […]
Tomorrow, the Administrative Conference of the United States begins fall committee meetings on a slate of projects, including: (1) Regulations.gov and the Federal Document Management System; (2) Public Engagement in Rulemaking; (3) Recusal Rules for Administrative Adjudicators; (4) Public-Private Partnerships; and (5) Public Availability of Adjudication Rules. These projects are targeted for completion at the 70th […]
The proposed GEAR Center is described as “a public-private partnership to improve mission delivery, citizen services, and stewardship of public resources.” OMB is requesting comments by September 14, 2018 from the public, academics, experts, and industry. The Request for Information (RFI) appears to have been only been posted online, with a shorter notice of its […]