Tag: administrative state
-
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…
-
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…
-
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…
-
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…
-
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…
-
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…
-
Checks and Balances: August 2020
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 the U.S. Supreme Court’s decision to hear a case that could…
-
Federal Register weekly update: Lowest weekly final rule total since May
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 3 to August 7, the Federal Register grew by 1,544 pages for a year-to-date total of 48,074 pages. Over the same…
-
Ballotpedia study shows that no states require administrative agencies to meet higher burdens of proof in proportion to the size of monetary penalties they seek to impose
A Ballotpedia survey of all 50 state constitutions and administrative procedure acts (APAs) revealed that no state constitutions or APAs require administrative agencies to meet higher burdens of proof in proportion to the size of monetary penalties they seek to impose following adjudication. Agency adjudication is a quasi-judicial process that takes place in the executive…
-
Federal Register weekly update: Two new significant final rules published
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 July 27 to July 31, the Federal Register grew by 1,474 pages for a year-to-date total of 46,530 pages. Over the same period…