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ADMINISTRATIVE CONFERENCE OF THE UNITED STATES
Administrative Conference Recommendation 2017-1
Adjudication Materials on Agency Websites
Adopted June 16, 2017
In contrast to federal court records, which are available for download from the judiciary's
Public Access to Court Electronic Records (PACER) program (for a fee), or records produced
during notice-and-comment rulemaking, which are publicly disseminated on the rulemaking
website www.regulations.gov, there exists no single, comprehensive online clearinghouse for the
public hosting of decisions and other materials generated throughout the course of federal
administrative adjudication.1 Instead, to the extent a particular adjudication record is digitally
available, it is likely to be found on the relevant agency's website.
This recommendation is confined to records issued or filed in adjudicative proceedings in
which a statute, executive order, or regulation mandates an evidentiary hearing.2 Specifically,
this recommendation applies to (a) [a]djudication that is regulated by the procedural provisions
of the Administrative Procedure Act (APA) and usually presided over by an administrative law
judge and (b) [a]djudication that consists of legally required evidentiary hearings that are not
regulated by the APA's adjudication provisions in 5 U.S.C. §§ 554 and 556-557 and that is
presided over by adjudicators who are often called administrative judges.,3
Federal administrative adjudication affects an enormous number of individuals and
businesses engaged in a range of regulated activities or dependent on any of the several
1 The Administrative Conference currently takes no position in this recommendation as to whether there should be
such a tool, but will consider whether the issue merits attention in the future. In the meantime, the research
underlying this recommendation is limited to an examination of agencies' existing websites.
2 See Administrative Conference of the United States, Recommendation 2016-4, Evidentiary Hearings Not Required
by the Administrative Procedure Act, 81 Fed. Reg. 94,314 (Dec. 23, 2016).
3 Id. (referring to these two types of proceedings as Type A and Type B adjudication, respectively).](ViewImageLocal?handle=hein.usfed/adjmagw0001&div=1&collection=&method=preview&ext=.png&size=3)