Administrative investigations, Paperwork Reduction Act on ABA Administrative Law Conference agenda

Legal experts and former and current U.S. government officials from regulatory agencies will offer insight on regulatory reform, landmark court decisions and the future of the regulatory state during the 2022 Administrative Law Conference on December 1-2. The virtual live conference features 20 panels over two days, and registered attendees will have access to recordings for 30 days after the conference.

Panelists include former and active federal judges and officials from government agencies, including the Administrative Conference of the United States, Consumer Financial Protection Bureau, Department of Commerce, Department of Energy, Department of Health & Human Services, Department of Homeland Security, Department of Justice, Department of Labor, Department of Transportation, Office of Information and Regulatory Affairs, Office of Personnel Management and the Transportation Security Administration.

Program highlights include:

• “The Domain, Present and Future of Administrative Investigations” — To the surprise of many, administrative investigations are not regulated by the Administrative Procedure Act of 1946, which serves as a Bill of Rights for the administrative state. This panel will discuss their domain, how agencies engage in them, constraints for them in the law and their future in the current litigation climate. Attendees will learn how administrative investigations are distinctly different from criminal investigations because protections that are afforded in the criminal process are not afforded in (civil) administrative investigations, including protections under the Fourth and Fifth Amendments of the U.S. Constitution. Attendees will learn that while there are federal statutes that can influence and serve as guardrails for the most significant potential excesses of administrative investigations, such as the Freedom of Information Act, the Privacy Act and the Inspector General Act, none serve to squarely limit executive branch agency discretion or provide adequate transparency and oversight for agencies in this field.—Thursday, 11:30 a.m.-1 p.m.

• “Regulating Emerging Technologies: Keeping Pace in a Fast-Evolving World” —  This panel will explore competing policy objectives of supporting deployment of emerging technology amid evolving standards and traditional notice and comment rulemaking timelines. Expert panelists from academia, the federal government and industry will speak to the various challenges related to regulating technology across a variety of sectors, such as autonomous vehicles, unmanned aircraft systems, social media, fintech and cryptocurrency.—Thursday, 2-3:30 p.m.

• “Paperwork Reduction Act – It’s Everywhere” — This panel will provide an overview of the Paperwork Reduction Act and recent guidance, explore best practices for agency regulatory practice and discuss future application to changing methods of information collection and dissemination.—Thursday, 4-5:30 p.m.

• “Can Technology Improve Public Engagement and the Administrative Record?” — The current administration has made efforts toward improving public engagement in rulemaking efforts and soliciting usable and helpful comments. Yet the administrative process remains dominated by insiders, and the federal government has only scratched the surface of reform. This panel will explore the kinds of public comments that are helpful to agencies but that may be missing; issues surrounding access, engagement and equity; and leveraging technology to better connect agency informational needs with participating communities.—Friday, 2-3:30 p.m.

For additional information or to register for the online conference, visit https://bit.ly/3X4rKW5.