Procedure

Changing norms about administrative appointments raise concerns about procedural fairness and accountability.

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

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

The Supreme Court of Oklahoma allows access to records as a matter of public policy.

The Administrative Conference of the United States recommends greater transparency about agency procedure.

Agencies should include severability clauses in rules to minimize legal uncertainty.

Model Adjudication Rules provide agencies with a guide for improving their own procedures.