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1 Public Availability of Adjudication Rules 1 (2018)

handle is hein.usfed/pbavadjr0001 and id is 1 raw text is: Administrative Conference Recommendation 2018-5 Public Availability of Adjudication Rules Adopted December 13, 2018 Every year, federal agencies conduct hundreds of thousands of adjudications.' In order to participate meaningfully in adjudications, persons appearing before federal agencies must have ready online access both to the key materials associated with these adjudications (including prior decisions) and the procedural rules governing them. Administrative Conference Recommendation 2017-1 addresses the former set of materials, urging agencies to provide online access to the key documents associated with adjudications.2 This Recommendation deals with the latter set of materials. It sets forth best practices to assist agencies in making their procedural rules available online and in organizing those materials in a way that is accessible to and comprehensible for the public and persons appearing before agencies, consistent with 5 U.S.C. §§ 552(a)(1), (a)(2), and other applicable provisions of law.3 A number of different sources create procedural rules that govern agency adjudications. At the very least, these sources include: (a) the Due Process Clause of the Constitution's Fifth Amendment; (b) the adjudication provisions of the Administrative Procedure Act (APA);4 (C) agency or program-specific statutes that set forth rules for particular types of adjudications; (d) agency-promulgated rules of procedure with legal effect; (e) agency precedents as set forth in ' See Admin. Conf. of the U.S., Recommendation 2016-2, Aggregate Agency Adjudication, 81 Fed. Reg. 40,260 (June 21, 2016). 2 See Admin. Conf. of the U.S., Recommendation 2017-1, Adjudication Materials on Agency Websites, 82 Fed. Reg. 31,039 (July 5, 2017). 3 Another ongoing Administrative Conference project addresses the online availability of agency guidance documents. Admin. Conf. of the U.S., Public Availability ofAgency Guidance, https://www.acus.gov/research- projects/public-availability-agency-guidance. This recommendation deals only with the limited class of those documents relating to adjudication procedure. 4 5 U.S.C. §§ 554-58.

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