Administrative Conference of the United States – Federal Register Recent Federal Regulation Documents

The Assembly of the Administrative Conference of the United States adopted three recommendations at its hybrid (virtual and in- person) Eighty-second Plenary Session: Using Algorithmic Tools in Regulatory Enforcement, Public Engagement in Agency Rulemaking Under the Good Cause Exemption, and Nonlawyer Assistance and Representation in Agency Adjudications.

The Office of the Chair of the Administrative Conference of the United States (ACUS), through its Working Group on Model Rules of Representative Conduct, has completed and published its Model Rules of Representative Conduct. The rules are intended to help federal agencies amend or develop their rules governing representatives in adjudicative proceedings. The final revised Model Rules of Representative Conduct are available at https://www.acus.gov/research-projects/working-group- model-rules-representative-conduct.

The Office of the Chair of ACUS is requesting public input on representation and other forms of assistance provided by nonlawyers to participants in federal agency adjudication. Responses to this request may inform an ongoing ACUS project, Nonlawyer Assistance and Representation, which, if warranted, may recommend best practices for agencies to use.

The Assembly of the Administrative Conference of the United States adopted four recommendations at its hybrid (virtual and in- person) Eightieth Plenary Session: Best Practices for Adjudication Not Involving an Evidentiary Hearing, Identifying and Reducing Burdens on the Public in Administrative Processes, Improving Timeliness in Agency Adjudication, and User Fees.

The Assembly of the Administrative Conference of the United States adopted four recommendations at its hybrid (virtual and in- person) Seventy-ninth Plenary Session: Proactive Disclosure of Agency Legal Materials, Virtual Public Engagement in Agency Rulemaking, Using Algorithmic Tools in Retrospective Review of Agency Rules, and Online Processes in Agency Adjudication.

The Office of the Chairman of ACUS is requesting public input on how agencies can identify and reduce unnecessary procedural burdens that members of the public face when they engage with administrative programs or participate in administrative processes. Responses to this request may inform an ongoing ACUS project, Identifying and Reducing Burdens in Administrative Processes, which, if warranted, will recommend best practices for agencies to use.

The Assembly of the Administrative Conference of the United States will meet during a one-day hybrid plenary session to consider three proposed recommendations and to conduct other business. Written comments may be submitted in advance, and the meeting will be accessible to the public.

The Assembly of the Administrative Conference of the United States will meet during a one-day virtual plenary session to consider proposed recommendations and to conduct other business. Written comments may be submitted in advance, and the meeting will be accessible to the public.

The Assembly of the Administrative Conference of the United States will meet during a plenary session to vote on modifications to a recommendation that was considered at its 74th Plenary Session on June 17, 2021. The plenary session will take place entirely by electronic voting, without an in-person component. Written comments regarding the modifications may be submitted in advance, and the voting results will be accessible to the public.

The Assembly of the Administrative Conference of the United States will meet during a one-day virtual plenary session to consider proposed recommendations and to conduct other business. Written comments may be submitted in advance, and the meeting will be accessible to the public.

Pursuant to 5 U.S.C. 595, the Assembly of the Administrative Conference of the United States will meet during a two-day virtual plenary session to consider proposed recommendations, a proposed official statement, and to conduct other business. Written comments may be submitted in advance, and the meeting will be accessible to the public.

Pursuant to the Federal Advisory Committee Act (5 U.S.C. App.), the Assembly of the Administrative Conference of the United States will hold a meeting to consider five proposed recommendations and to conduct other business. This meeting will be open to the public.

The Office of the Chairman of the Administrative Conference of the United States is issuing these Revised Model Rules for Implementation of the Equal Access to Justice Act. These Revised Model Rules update the uniform procedures for the submission and consideration of applications for attorney fees under the Equal Access to Justice Act that were last issued in 1986. These Revised Model Rules reflect, among other things, amendments to the Act made by the Small Business Regulatory Enforcement Fairness Act and evolving adjudicative practices. They are designed to assist Federal agencies in adopting or modifying their own regulations for implementation of the Act.

The Administrative Conference of the United States adopted five recommendations at its Seventieth Plenary Session. The appended recommendations address Recusal Rules for Administrative Adjudicators, Public Availability of Adjudication Rules, Improving Access to Regulations.gov's Rulemaking Dockets,) Public Engagement in Rulemaking, and Public-Private Partnerships.

The Office of the Chairman of the Administrative Conference of the United States, through its Model Adjudication Rules Working Group, has completed a revision of the Conference's 1993 Model Adjudication Rules. The rules are intended for use by all Federal agencies when designing new, and revising existing, procedural rules governing agency adjudications that involve a trial-type hearingwhether conducted pursuant to the Administrative Procedure Act), other statutes, agency regulations, or practicethat offers an opportunity for fact-finding before an adjudicator, whether or not the adjudicator is an administrative law judge. The final revised Model Adjudication Rules are available at https:/ /www.acus.gov/model-rules/model-adjudication-rules.

Pursuant to the Federal Advisory Committee Act (5 U.S.C. App.), the Assembly of the Administrative Conference of the United States will hold a meeting to consider four proposed recommendations and to conduct other business. This meeting will be open to the public.

The Administrative Conference of the United States adopted five recommendations at its Sixty-Eighth Plenary Session. The appended recommendations address Plain Language in Regulatory Drafting; Marketable Permits; Agency Guidance Through Policy Statements; Learning from Regulatory Experience; and Regulatory Waivers and Exemptions.

The Administrative Conference of the United States adopted two recommendations at its Sixty-seventh Plenary Session. The appended recommendations are titled: Adjudication Materials on Agency Web sites; and Negotiated Rulemaking and Other Options for Public Engagement.

The Administrative Conference of the United States (``ACUS'' or ``the Conference'') is revising its regulations for disclosure of records under the Freedom of Information Act (FOIA) to comply with the FOIA Improvement Act of 2016.

The Administrative Conference of the United States adopted two recommendations at its Sixty-fifth Plenary Session. The appended recommendations address: Consumer Complaint Databases and Aggregation of Similar Claims in Agency Adjudication.

The Administrative Conference of the United States adopted three recommendations at its Sixty-fourth Plenary Session. The appended recommendations address: Technical Assistance by Federal Agencies in the Legislative Process; Declaratory Orders; and Designing Federal Permitting Programs.

The Administrative Conference of the United States adopted one formal statement at its Sixty-Third Plenary Session. The appended statement addresses ``Issue Exhaustion in Preenforcement Judicial Review of Administrative Rulemaking.''

Pursuant to the Federal Advisory Committee Act (5 U.S.C. App.), the Assembly of the Administrative Conference of the United States will hold a meeting to consider two proposed recommendations and to conduct other business. This meeting will be open to the public.

The Administrative Conference of the United States adopted three recommendations at its Sixty-First Plenary Session. The appended recommendations address: Retrospective Review of Agency Rules; Petitions for Rulemaking; and Best Practices for Using Video Teleconferencing for Hearings.

Pursuant to the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et. seq.), the Administrative Conference of the United States is requesting public comments on the reinstatement without change by the Office of Management and Budget (OMB) of a previously approved Information Collection Request (ICR), 3002-0006, ``Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery.'' This collection was developed as part of a Federal Government-wide effort to streamline the process for seeking feedback from the public on service delivery. This notice announces our intent to submit this collection to OMB for approval and solicits comments on specific aspects for the proposed information collection. The draft supporting statement is essentially unchanged from the supporting statement for the previously approved ICR, other than to note that the proposed ICR is a reinstatement without change. The supporting statement previously submitted is available by inserting the above OMB control number at www.reginfo.gov/public/do/PRASearch.