Tag: administrative state
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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…
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Federal Register weekly update: Highest weekly page count of 2020 to date
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 17 to August 21, the Federal Register grew by 2,084 pages for a year-to-date total of 52,024 pages. Over the same…
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Ballotpedia study shows that 46 states allow administrative agencies to choose whether to follow formal adjudication procedures
A Ballotpedia study of all 50 state constitutions and administrative procedure acts (APAs) showed that 46 state constitutions or APAs allow administrative agencies to choose whether to follow formal adjudication procedures in administrative hearings, as of August 2020. Those states allow administrative agencies to settle these cases informally with fewer procedural safeguards than the formal…
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Federal Register weekly update: Two new significant final rules on food labeling and air pollutants
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 10 to August 14, the Federal Register grew by 1,866 pages for a year-to-date total of 49,940 pages. Over the same…