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

Washington, D.C., June 12, 2025 - At its 83^rd Plenary Session on June 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.

The ACUS Assembly adopted the following three recommendations:

Recommendation 2025-1: Agency Investigative Procedures. This recommendation provides agencies with best practices to promote accuracy, efficiency, and fairness in investigations of specific regulated entities. It provides guidance on initiating investigations; exchanging and considering evidence and arguments; issuing subpoenas and warrants; and deciding whether to terminate an investigation, negotiate with the subject of an investigation, or pursue an action in an administrative or judicial tribunal. Additional information is available here.

Recommendation 2025-2: Consultation with State, Local, and Tribal Governments in Regulatory Policymaking. This recommendation provides agencies with best practices for consulting with state, local, and tribal governments when they make or implement regulatory policies that have federalism or tribal implications. It encourages agencies to develop policies on consultation; designate officials responsible for overseeing and facilitating consultation; publicize consultation opportunities; and adopt procedures to consult effectively with state, local, and tribal officials throughout the development and implementation of regulatory policies. Additional information is available here.

Recommendation 2025-3: Public Participation in Agency Adjudication. This recommendation provides agencies with best practices regarding public participation in agency adjudicative proceedings. It provides guidance on circumstances in which public participation may be appropriate; options for public participation; and methods for facilitating public participation effectively. 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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