Tag: administrative state
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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…
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Ballotpedia study shows that every state allows administrative agencies to impose monetary penalties without a court order
A Ballotpedia survey of all 50 states showed that no state constitutions or Administrative Procedure Acts (APAs), as of May 2020, require administrative agencies to get a court order before imposing monetary penalties as a result of adjudication proceedings. Those state constitutions and APAs let agencies impose penalties without involving the judicial branch of the…
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Pennsylvania Supreme Court justice expresses misgivings about judicial deference
Pennsylvania Supreme Court Justice David N. Wecht on July 21 issued a concurring opinion in Crown Castle NG East LLC and Pennsylvania-CLE LLC v. Pennsylvania Public Utility Commission expressing what they called “deep and broad misgivings” about the court's practice of deferring to state agency interpretations of statutes and regulations. The case challenged the Pennsylvania…