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1 Best Practices for Using Video Teleconferencing for Hearings 1 (2014)

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      ADMINISTRATIVE CONFERENCE OF THE UNITED S1TATES




          Administrative Conference Recommendation 2014-7

          Best Practices for Using Video Teleconferencing for Hearings

                             Adopted December 5, 2014


       Agencies conduct thousands of adjudicative hearings every day, but the format of the

hearing, whether face-to-face or by video, has not been analyzed in any systematic way. Some

agencies have provided hearings by video teleconferencing technology (VTC) for decades and

have robust VTC programs. These programs strive consistently to provide the best hearing

experience, even as technology changes. Other agencies have been reluctant to depart from

traditional formats. Some are skeptical that hearings may be conducted as effectively via VTC

as they are in person. Others are uncertain about how to implement VTC hearings. But all

could benefit from an impartial look at the available technologies for conducting adjudications.


       The varied agency experiences and concerns reflect the tension between long-

established values and technological innovations. Adjudicative hearings must be conducted in a

manner consistent with due process and the core values of fairness, efficiency, and participant

satisfaction reflected in cases like Goldberg v. Kelly' and Mathews v. Eldridge.2 At the same

time, agencies that have explored the use of technological alternatives have achieved benefits

in the effective use of decisionmaking resources and reduction in travel expenses.3 Upholding

core values and making the best use of technology-both in hearings and related proceedings






1 397 U.S. 254 (1970).

2 424 U.S. 319 (1976); see also infra note 9.

3 In fact, agencies have been directed to increase efficiency through their use of technology. See Exec. Order No.
13,589, 76 Fed. Reg. 70,861 (Nov. 15, 2011) (directing agencies to devise strategic alternatives to Government
travel, including.., technological alternatives, such as... video conferencing and to assess current device
inventories and usage, and establish controls, to ensure that they are not paying for unused or underutilized
information technology (IT) equipment, installed software, or services).

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