Notice & Comment

Author: Emily Bremer

Notice & Comment

70th Plenary Agenda: Comments Due Dec. 7 (ACUS Update)

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 […]

Notice & Comment

Oct. 5 Event: Mass and Fake Rulemaking Comments (ACUS Update)

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 […]

Notice & Comment

Fall 2018 Projects (ACUS Update)

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 […]

Notice & Comment

OMB Seeks Comment on Proposal to Create a Government Effectiveness Advanced Research (GEAR) Center

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 […]

Notice & Comment

Recommendations, Recommitted Actions, and Revised Rules (ACUS Update)

If you’re looking for a little light poolside reading, check out the three new recommendations and other actions taken by ACUS at its 69th Plenary session last month.  The recommendations address the Paperwork Reduction Act, severability in judicial review of agency rulemaking, and electronic case management in adjudication.  In addition to adopting these recommendations, the Assembly recommitted […]

Notice & Comment

69th Plenary Agenda (ACUS Update)

The Administrative Conference will host its 69th Plenary Session on June 14th and 15th, 2018.  If you have attended previous plenary sessions and are planning to attend this one, please note the new location!  For the first time, the Assembly will meet in the Jacob Burns Moot Court Room at George Washington University Law School.  The agenda for the meeting […]

Notice & Comment

ICYMI: Regulatory Review Series on ACUS’s December 2017 Recommendations

In March, The Regulatory Review published an excellent series of opinion essays analyzing the five recommendations that the Administrative Conference of the United States adopted at its last Plenary session, held in December 2017.  I highlighted the new recommendations (and a rare separate statement) when they were published, but The Regulatory Review series delves much deeper.  In […]

Notice & Comment

Opportunities at ACUS

The Administrative Conference of the United States is hiring!  The agency is accepting applications for the full-time position of Attorney Advisor (to start this spring or summer), as well as for a term-limited fellowship designed for current or aspiring administrative law scholars (start date is flexible and will be negotiated).  If you’re interested in administrative procedure and […]

Notice & Comment

A Shared Power to Appoint ALJs?

A key question on every adlaw geek’s mind is how the Supreme Court’s decision in Lucia might affect the process for appointing Administrative Law Judges (ALJs).  What if the Supreme Court holds that ALJs are inferior officers who must be appointed in compliance with Article II’s Appointments Clause?  What implications, if any, would this have for […]

Notice & Comment

New Meeting Dates and Materials for Spring 2018 Projects (ACUS Update)

The Administrative Conference’s work on its spring projects is well underway.  In recent days, additional meeting dates, and new draft reports, draft recommendations, and written member comments have been posted for several of the projects under consideration.  These include: (1) an additional meeting for the project on Administrative Judges; (2) a new meeting date and draft […]

Notice & Comment

Deliberate and Serendipitous Separation of Powers in the Administrative State

Jon Michaels’ new book is a masterful blend of important and fascinating subjects, including the constitutional character of administrative law, superstatute theory, privatization, and procedure. It’s a fun read, too, and a must for anyone interested in a fresh perspective on the perils of privatization! In this post, however, I’m going to focus on some discrete details of […]

Notice & Comment

Spring 2018 Projects (ACUS Update)

This week, the Administrative Conference of the United States will being spring committee meetings on a slate of new projects, including: (1) Administrative Judges; (2) Electronic Case Management in Adjudication; (3) Minimizing the Costs of Judicial Review; (4) Paperwork Reduction Act Efficiencies; and (5) Public Engagement in Rulemaking. The first four projects are targeted for completion at […]

Notice & Comment

OIRA is Hiring!

The Office of Information and Regulatory Affairs is hiring a Policy Analyst!  This is a great opportunity that doesn’t come around very often.  From the job advertisement: The Office of Information and Regulatory Affairs (OIRA), within the Office of Management and Budget (OMB), is seeking candidates for a policy analyst position in OIRA’s Information Policy […]

Notice & Comment

A Rare Separate Statement (ACUS Update)

Last week, I highlighted ACUS’s five recently adopted recommendations, including Recommendation 2017-5, Agency Guidance Through Policy Statements.  It is noteworthy that this recommendation was accompanied by a rare separate statement, this one from ACUS Senior Fellow Professor Ronald M. Levin. Section 302.6(c)(1) of ACUS’s bylaws, which allows members to publish separate statements, provides that: A member who disagrees in whole or in […]