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ACUS Report – Agency Recusal Rules and Practices

“ACUS is pleased to announce the publication of a new report, Administrative Recusal Rules: A Taxonomy and Study of Existing Recusal Standards for Agency Adjudicators. Many agencies have adopted adjudicator recusal standards to maintain the integrity of their adjudication programs. This report reviews recusal standards adopted by more than 60 agencies across the federal government. It surveys the substantive standards and procedural requirements agencies have adopted for recusal and explores how recusal standards might vary across agencies according to each agency’s institutional features. A series of tables classifies dozens of recusal policies according to the report’s taxonomy of recusal standards. ACUS adopted a recommendation in 2018 that encouraged agencies to adopt rules governing the recusal of certain agency adjudicators. This report will help agencies implement that recommendation. Louis J. Virelli, III, Professor of Law at Stetson University, authored this report. Professor Virelli previously served as a consultant to ACUS on the 2018 recommendation on recusal rules…”

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