Last month, the Administrative Conference of the United States (ACUS) held its 84th Plenary Session at which the Assembly adopted four new recommendations:

Recommendation 2026-1, Obtaining Government Records for Use in Agency Proceedings, provides agencies with best practices for making government records available for use in agency proceedings in order to promote the fairness, accuracy, consistency, timeliness, and efficiency of agency decision making. It provides guidance on procedures by which private parties and agency decision makers may obtain federal records for use in agency proceedings—both when the parties bear responsibility for obtaining the records and when the agency decision maker holds that responsibility.

Recommendation 2026-2, Temporary Rules, identifies best practices for temporary rules. Temporary rules cease to be effective after a specific calendar date or upon the occurrence of a future event unless an agency takes action to extend the rule, make it permanent, or repeal it. The proposed recommendation provides guidance to agencies on determining whether to issue a temporary rule, drafting and publishing temporary rules, conducting timely assessments of temporary rules and taking appropriate action, and developing internal procedures for temporary rules. It also recommends that Congress consider how specific agencies might use temporary rules to respond efficiently and effectively to emergencies.

Recommendation 2026-3, Organization, Management, and Operation of Agency Adjudication Offices provides agencies with best practices for organizing, managing, and operating agency adjudication offices. It encourages agencies to collect, analyze, and use data to identify and adopt the organizational, management, and operational practices that are best suited to each agency’s particular circumstances and most effective in promoting fairness, accuracy, consistency, efficiency, and timeliness in the adjudications they conduct.

Recommendation 2026-4, Federal Agency Collaboration with State, Tribal, Local, and Territorial Governments provides agencies with a framework that federal agencies should use to identify and collaborate more effectively with relevant state, tribal, local, and territorial governments (STLTGs). It provides guidance on practices agencies can adopt when initiating, managing, and evaluating collaborations with STLTGs that promote a culture of improved coordination and strengthen working relationships between governments.

ACUS Committees will be meeting again this spring to develop proposed recommendations for the following projects:

• Agreements Between Agencies with Related Regulatory Responsibilities
• Drafting Regulatory Preambles
• Effectuation of Awards of Monetary Benefits
• Interagency Communication in Rulemaking

More information on ACUS and its current and past projects can be found at www.acus.gov.