ACUS Adopts three Recommendations to Improve Efficiency, Fairness, Transparency, and Public Participation in Government Programs

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ACUS Adopts three Recommendations to Improve Efficiency, Fairness, Transparency, and Public Participation in Government Programs

Washington, D.C., December 16, 2024 - At its 82nd Plenary Session on December 12, the Administrative Conference of the United States (ACUS) adopted three recommendations to improve the efficiency, transparency, and fairness of administrative programs; reduce their costs to taxpayers; and enhance the public's ability to participate in them.

ACUS Chair Andrew Fois commended the Conference's work in stating, "It was my pleasure to preside over another successful plenary session. The Assembly adopted recommendations on three subjects of importance to federal administrative agencies regarding the use of AI in enforcement, public engagement in certain rulemakings, and use of legal and nonlegal representation and assistance in administrative adjudications. Recommendation 2024-5, the first adopted at this plenary, is also notable as the 100^th recommendation adopted by the Conference since 2010. ACUS was also delighted by the remarks of retired D.C. Circuit court judge David Tatel, who spoke about his life and administrative law. I look forward to the next session in June 2025."

The ACUS Assembly adopted the following three recommendations:

Recommendation 2024-5: Using Algorithmic Tools in Regulatory Enforcement. This recommendation provides best practices for using artificial intelligence, predictive analytics, and other algorithmic tools to support agencies' regulatory enforcement efforts. It addresses the potential benefits and risks of using algorithmic tools to detect, investigate, and prosecute noncompliance with the law and identifies policies, practices, and organizational structures that agencies can put in place to ensure they enforce the law fairly, accurately, and efficiently. Additional information is available here.

Recommendation 2024-6: Public Engagement in Agency Rulemaking Under the Good Cause Exemption. This recommendation provides best practices for public engagement when agencies find good cause to forgo notice-and-comment rulemaking procedures under the Administrative Procedure Act. It encourages agencies to use direct final rulemaking, interim final rulemaking, and alternative methods of public engagement to ensure robust public participation even when they rely properly on the good cause exemption. Additional information is available here.

Recommendation 2024-7: Nonlawyer Assistance and Representation in Agency Adjudications. This recommendation provides best practices for agencies to increase the availability of nonlawyer representation and assistance to participants in their adjudicative systems. It provides guidance on the establishment of rules authorizing qualification or, as appropriate, accreditation of nonlawyer representatives; ways to make such processes accessible and transparent; and strategies for coordinating with other government agencies and nongovernmental organizations to increase the availability of representation and assistance. Additional information is available here.

About ACUS

The Administrative Conference of the United States is an independent, non-partisan federal agency within the executive branch dedicated to improving administrative law and federal regulatory processes. It conducts applied research, and provides expert recommendations and other advice, to improve federal agency procedures. Its membership is composed of senior federal officials, academics, and other experts from the private sector. Since 1968, ACUS has issued hundreds of recommendations, published reports and reference guides, and organized forums to improve the efficiency, adequacy, and fairness of administrative processes such as rulemaking and adjudication. Many have resulted in reforms by federal agencies, the President, Congress, and the Judicial Conference of the United States. Learn more at www.acus.gov.

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Public Engagement in Agency Rulemaking Under the Good Cause Exemption: This proposed recommendation provides best practices for public engagement when agencies find good cause to forgo notice-and-comment rulemaking procedures under the Administrative Procedure Act. It encourages agencies to use direct final rulemaking, interim final rulemaking, and alternative methods of public engagement to ensure robust public participation even when they rely properly on the good cause exemption.

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