Between the Lines

On this episode of Between the Lines, host Andy Fois and his guests will delve into the question of “individualized guidance.”

Under what circumstances do - and should - agencies provide requestors with guidance about compliance with their programs? And, if given, can requestors, and even third parties, rely on that guidance?

An academic expert and ACUS attorney will discuss a report and the ACUS recommendation on the subject. Then, BTL will begin a new feature of the show called “A Life in Administrative Law” which will interview people with significant experience in administrative law and agency processes. We will discuss guests’ careers and their views on administrative law. Our first guest will be the Hon. John Vittone.

In this episode of Between the Lines with the Administrative Conference of the United States, host Andrew Fois and his guests will discuss the three significant administrative law cases decided by the United States Supreme Court at the end of its 2023-2024 term.

These are: Loper Bright Enterprises v. Raimondo, SEC v. Jarkesy, and Corner Post v. Federal Reserve. These decisions were previewed in an earlier episode of Between the Lines.

On this program, an expert guest will address his theory of the meaning and future application of the Loper Bright case, which overruled a long-standing Supreme Court case called Chevron v. NRDC. The professor’s take on the case differs from that of most observers so far.

In the second half of the show, we explore the question of how federal administrative agencies can best manage the congressional constituent services requests that are regularly referred to them by members of Congress. This subject, also known as casework, will be discussed with the author of a recent report to ACUS and the attorney advisor who shepparded the resulting ACUS recommendation informed by that report.

On this episode of Between the Lines with the Administrative Conference, host Andrew Fois takes a look at a vital issue in an interconnected world: international regulatory cooperation.

Other nations are issuing regulations, or not doing so, on the same things that the United States is. How do those regulations or lack thereof become reconciled? Lots of countries build airplanes and issue regulations regarding their construction and use. But these planes fly into and out of countries all over the world. 

Regulations regarding anti-terrorism regulations often differ. Many food and drug regulations differ from country to country and those differences may restrict free trade. The way these differences are reconciled is through international regulatory cooperation.

In this episode, three experts from academia will be discussing what international cooperation is, how it got started, its current status, and prospects for its future.

On this episode of Between the Lines with the Administrative Conference of the United States, ACUS Chair Andrew Fois takes you between the lines of two important contemporary issues in administrative law: agency-imposed user fees and agency use of precedential decision-making. 

ACUS has recently studied and issued recommendations to federal administrative agencies in both these areas. Its recommendation on user fees points to factors that agencies and Congress should consider when setting up a user fee program, including identifying the purposes of the fees, the potential for unintended consequences, and best ways to communicate with the public about them.

ACUS also identifies best practices for whether, when, and how agencies should make use of precedential decision-making in agency adjudications including identifying them both internally and publicly. 

Academic experts and government guests will be on hand to discuss both issues.

This episode of Between the Lines takes a look at an issue that affects tens of millions of Americans and American businesses each year who are subject to adjudication procedures with a federal administrative agency.

First, the episode explains what administrative adjudication is. Then it drills down on two timely issues: how can online processes be used to improve adjudications for all parties and what procedures should be provided to parties when the Administrative Procedure Act does not mandate a specific process for more informal adjudications. Both questions were the subject of recommendations to agencies by the Administrative Conference of the United States in 2023.

Three experts in the field, two from the federal government and one from academia, will discuss their reports and the recommendations on the subjects.

This month on Between the Lines with the Administrative Conference, host Andy Fois and a panel of experts will explore questions about the transparency of administrative agencies and how they can do a better job of providing for public participation and engagement.

Witnesses from the Office of Management and Budget will explain a recent request for information that it issued to receive input from the public on how to improve Public Participation and Community Engagement (PPCE) with federal agencies.

A law professor will discuss a study and recommendation from ACUS on how agencies can best conduct virtual public engagement.

A study and ACUS recommendation about agency transparency of legal materials will be the subject of the second half of the show. The guests are the author of the report and an ACUS member who led the adoption of the recommendation.

This episode of Between the Lines with the Administrative Conference (ACUS) explores two important cases in administrative law being considered by the United States Supreme Court in the 2023-2024 term.

The first, SEC v. Jarkesy, could make significant changes to how federal administrative agencies conduct enforcement adjudications. It raises three constitutional issues: the 7th amendment right to a jury trial, the “delegation doctrine,” and the constitutional appointment of administrative law judges.

 In the second case, Corner Post v. Board of Governors, the Court will rule on when Americans and businesses may go to court to challenge rulemakings by administrative agencies that have caused them harm.

 Host Andrew Fois will discuss these cases and the issues they raise with two respected experts in administrative law and procedure. The opinions will be issued by the Court before July 2024.   

This episode of Between the Lines with the Administrative Conference of the US is titled: Justice Delayed/Justice Denied: Timeliness of Agency Adjudication.

The show tackles the all too persistent problem of backlogs and delays that people often face when required to deal with an agency adjudication. Millions of Americans do so every year to obtain benefits, services, permits, and licenses or to respond to accusations of lawbreaking. Delays resolving these matters can have significant consequences.

This episode explores the issue with four expert guests. The first two are ACUS attorneys who conducted an in-depth research report that resulted in an official recommendation, containing proposals for agencies and Congress, adopted by the ACUS assembly. 

In the third segment we hear about that recommendation from tje chair of ACUS committee that developed it.

Finally, the acting chair of a small agency will describe how it addressed its recent problem of 'inherited inventory."

This episode of “Between the Lines with the Administrative Conference of the United States (ACUS)” will investigate how federal administrative agencies can identify and reduce the burdens that the public faces when interacting with these agencies. 

Tens of millions of Americans and small businesses must interact with federal administrative agencies every year. They must do so for a wide variety of reasons including seeking information -- claiming health, retirement, VA, housing, or other benefits -- securing permits and licenses -- paying taxes -- responding to enforcement or adjudication challenges and complying with agency rules and regulations.

Too often people and businesse face unacceptable amounts of “red tape” and other obstacles before they can achieve their goals with federal agencies.

This episode takes listeners “between the lines” of efforts to help agencies do a better job of identifying and then addressing and reducing the red tape that experts call an administrative burden. 

Two university professors will discuss a report they provided to ACUS laying out the problem. An ACUS committee chair will then talk about a series of proposals, adopted by the Assembly, about how best to confront these problems of identifying and reducing administrative burden. 

Finally an OMB attorney will tell us about the efforts it is making to tackle them.