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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
In today’s Federal Register, ACUS has published a notice soliciting public comment on a revision of its 1993 Model Adjudication Rules. Comments are due by 10:00 am EDT on Friday, February 23, 2018. The Committee on Adjudication is having a meeting to discuss the revised rules on February 1, 2018 from 1:00 pm to 4:00 pm EDT. The project […]
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 […]
Start 2018 off right by reading the five new recommendations adopted by the Administrative Conference at its 68th Plenary session! Although this was my first plenary session as an ACUS Public Member, it was my eleventh (!!) plenary session overall. (I attended the other ten when I was on the ACUS staff.) It was a genuine […]
The Administrative Conference will host its 68th Plenary Session on December 14th and 15th, 2017. It’s shaping up to be a busy one, with five proposed recommendations going before the Assembly for approval. From the Federal Register notice, these recommendations address the following subjects: Plain Language in Regulatory Drafting. This proposed recommendation identifies tools and techniques agencies have used […]
Alec Anthony Webley has an interesting article, Seeing through a Preamble, Darkly: Administrative Verbosity in an Age of Populism and ‘Fake News’, forthcoming in the Administrative Law Review. The article argues that the purpose of the APA’s requirement that agencies provide a “concise general statement of [a rule’s] basis and purpose” is defeated by the length […]
The Administrative Conference of the United States will soon begin fall committee meetings on a slate of projects targeted for completion at the 68th annual plenary session, to be held in December. These projects include: (1) Plain Language in Regulatory Drafting; (2) Agency Guidance; (3) Regulatory Waivers and Exemptions; and (4) Regulatory Experimentation. A description (taken […]