Tag: administrative state
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FCC moves away from adherence to formal adjudication practices
The Federal Communications Commission (FCC) on September 14 released a Report and Order allowing the agency’s adjudicators to conduct more hearings through written testimony rather than in-person, trial-type procedures. The Communications Act of 1934 does not require the FCC to hold on-the-record hearings or follow formal adjudication procedures. However, the agency has historically modeled its…
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Payroll tax deferral plan subject to challenge under Congressional Review Act, GAO confirms
On September 15, the Government Accountability Office (GAO) sent a letter to U.S. Senate Minority Leader Chuck Schumer (D-N.Y.) and Senator Ron Wyden (D-Ore.) clarifying that a recent IRS guidance document was subject to challenge through the Congressional Review Act (CRA). The IRS guidance related to a presidential memorandum issued by President Donald Trump on…
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Checks and Balances: Department of Justice proposes modernization of Administrative Procedure Act
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 legal challenge to 2020 census changes; a proposal from the…
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Federal Register weekly update: Lowest final rule total since first week of January
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 September 7 to September 11, the Federal Register grew by 1,112 pages for a year-to-date total of 56,470 pages. Over the same…
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Arizona judge declines to rule on constitutional challenge to agency adjudication process
Maricopa County Superior Court Judge Douglas Gerlach on September 9 upheld a decision by then-Arizona Department of Child Safety (DCS) Director Gregory McKay in a case challenging the constitutionality of the procedural due process protections available to individuals during the agency’s adjudication of child abuse allegations. McKay placed Phillip B. (the only name provided) on the child abuse registry…
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Ballotpedia study shows that 29 state APAs require administrative agencies to accept oral evidence during adjudicative hearings
A Ballotpedia study of all 50 state constitutions and administrative procedure acts (APAs) showed that 29 state APAs require administrative agencies to accept oral evidence during adjudicative hearings, as of August 2020. Administrative agencies in those states hear oral testimony during hearings like a state court. Adjudication proceedings include agency determinations outside of the rulemaking…
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Federal Register weekly update: 2020 page total tops 55,000 pages
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 August 31 to September 4, the Federal Register grew by 1,714 pages for a year-to-date total of 55,358 pages. Over the same…
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DOJ urges Congress to modernize administrative procedures
The U.S. Department of Justice (DOJ) on August 11 released a report recommending that Congress update and improve the 1946 Administrative Procedure Act (APA). The DOJ argued that the APA framework fails to sufficiently manage modern regulation and falls short of promoting agency accountability, transparency, and public engagement. Deputy Attorney General Jeff Rosen told Reuters…
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Federal Register weekly update: Highest weekly proposed rule total since February
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 August 24 to August 28, the Federal Register grew by 1,620 pages for a year-to-date total of 53,644 pages. Over the same…
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Ballotpedia study shows that no states provide for juries to participate in agency adjudication hearings
A Ballotpedia survey of all 50 state constitutions and administrative procedure acts (APAs) revealed that no state constitutions or APAs provide for juries to participate in agency adjudication hearings, as of August 2020. Thus, hearing officers or other agency officials preside over and decide the outcome of adjudications instead of people from the community. Adjudication…