Improving Transparency and Administrative Accountability

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ACUS issues recommendations to improve administrative governance.

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The Administrative Conference of the United States (ACUS) is an independent federal agency that recommends improvements to administrative and regulatory processes. Each year, ACUS convenes experts from the public and private sector and sponsors research about administrative government. ACUS published five  recommendations for its 76th plenary session held at the end of last year.

These recommendations address how the government can elucidate rescinded guidance documents, reform rules of conduct, improve adjudicatory processes, update the Congressional Review Act, and clarify which agency actions legally receive judicial review.

The Regulatory Review invited experts and ACUS staff who participated in developing these recommendations to share insights on their importance for improving administrative government. The ACUS recommendations highlighted in this series aim to improve public access to agency proceedings and information, attorney standards in agency proceedings, and congressional oversight of agency actions.

This series includes contributions from: Cary Coglianese, University of Pennsylvania; George Cohen, University of Virginia; Jesse Cross, University of South Carolina; Jeremy Graboyes, ACUS; Daniel E. Ho, Stanford University; David Marcus, UCLA; Gerald K. Ray; Todd Rubin, ACUS; and Jonathan Siegel, George Washington University.


Making Inoperative Guidance Accessible to All

May 16, 2022 | Cary Coglianese, University of Pennsylvania; Todd Rubin, ACUS

Even when agencies change or rescind guidance documents, they should be clearly labeled and readily available to the public.


Regulating Representatives in Agency Adjudicative Proceedings

May 17, 2022 | George Cohen, University of Virginia

Agencies can promote ethical practices by adopting rules of conduct for attorneys and other representatives in adjudication.


Public Access to Agency Adjudicative Proceedings

May 18, 2022 | Jeremy Graboyes, ACUS

Agencies should craft rules about public access to their adjudicative proceedings.


Updating the Congressional Review Act

May 19, 2022 | Jesse Cross, University of South Carolina

Congress should modify the Congressional Review Act to enhance clarity and improve oversight of agencies.


Improving the Quality of Mass Justice

May 23, 2022 | Daniel E. Ho, Stanford University; David Marcus, UCLA; and Gerald K. Ray formerly with the Social Security Administration.

Agencies need to pursue systematic efforts to provide quality assurance in their adjudicatory processes.


Cataloging and Clarifying Judicial Review Statutes

May 24, 2022 | Jonathan Siegel, George Washington University

Congress should seek to remove procedural obstacles that inhibit statutory access to judicial review.