Tag: administrative state

  • Colorado Supreme Court rules that state board must defer to disciplinary actions taken by other state agencies

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    On Dec. 21, the Colorado Supreme Court ruled in DOC v. Stiles that the Colorado State Personnel Board (Board) must defer to disciplinary decisions made by state agencies. The court’s decision aimed to shed light on the standard the Board must apply when reviewing other state agencies’ disciplinary decisions.  The court held that when the…

  • Federal Register weekly update: New year, new significant rules

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    The Federal Register is a daily journal of federal government activity that includes presidential documents, proposed and final rules, and public notices. It is a common measure of an administration’s regulatory activity. The Federal Register kicked off 2021 by publishing 1,736 pages during the week of Jan. 4 to Jan. 8. Over the same period…

  • Four new Kentucky bills would limit the governor’s emergency powers

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    On Jan. 7, the Kentucky State House and Senate passed four pieces of legislation aimed at limiting the emergency powers of the state governor.   The first bill, House Bill 1, would allow any businesses, schools, or associations to remain open as long as their operating plans meet or exceed guidance issued by the federal…

  • Federal Register weekly update: 2020 year-to-date total of 84,198 pages

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    The Federal Register is a daily journal of federal government activity that includes presidential documents, proposed and final rules, and public notices. It is a common measure of an administration’s regulatory activity. From December 21 to December 25, the Federal Register grew by 1,328 pages for a year-to-date total of 84,198 pages. Over the same…

  • New bill would require GAO to send Congress a report on major midnight regulations

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    On December 14, Representative Gerald Connolly (D-Va.) introduced the Midnight Regulations Review Act in the U.S. House of Representatives. The bill would require the Government Accountability Office (GAO) to send Congress a report about major regulations made by outgoing presidents just before the transition to a new administration. The bill defines major rules as those…

  • Office of Personnel Management continues implementation of Trump’s civil service executive orders

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    The Office of Personnel Management (OPM) on December 17 issued a proposed rule aimed at continuing the implementation of President Donald Trump’s (R) 2018 civil service executive orders.  The proposed rule prioritizes federal employee performance over length of service in decisions concerning a reduction in force—a principle set forth in Executive Order 13839, “Promoting Accountability and Streamlining Removal…

  • Florida Administrative Commission appoints new chief administrative law judge

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    On December 15, the Florida Administrative Commission, composed of the governor and cabinet, appointed Pete Antonacci to serve as chief administrative law judge (ALJ) of the Florida Division of Administrative Hearings (DOAH). As chief administrative law judge, Antonacci will manage 31 administrative law judges within the DOAH as they oversee challenges to state agency rules. …

  • A Federal agency proposal to sunset regulations

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    The Checks and Balances Letter delivers news and information from Ballotpedia’s Administrative State Project, including pivotal actions at the federal and state levels related to the separation of powers, due process and the rule of law. This edition:  In this month’s edition of Checks and Balances, we review a federal agency’s proposal to sunset its…

  • New federal agency policies aim to minimize redundant regulations and increase rulemaking transparency

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    The U.S. Department of Health and Human Services on November 24 issued guidance that establishes rulemaking policies aimed at minimizing redundant regulations and increasing transparency in agency rulemaking. The first policy aims to minimize redundancies in HHS rulemaking by requiring the agency to ensure that new rules are consistent with, and do not overlap with,…

  • U.S. Senate confirms three to Federal Election Commission

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    The new commissioners are Shana Broussard (D), Allen Dickerson (R), and Sean Cooksey (R). They join current commissioners James “Trey” Trainor (R), Steven T. Walther (I), and Ellen L. Weintraub (D). Trainor chairs the commission, and Walther is vice chair.  Broussard previously served as counsel to now fellow commissioner Walther, while Dickerson was the legal…