Tag: administrative state
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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…
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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…
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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…
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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…
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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…
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Ballotpedia survey shows no state constitution or administrative procedure act requires agencies to prove rule violators acted knowingly before imposing penalties
A Ballotpedia survey of all 50 state constitutions and administrative procedure acts (APAs) revealed that no state constitutions or APAs require agencies to prove rule violators acted knowingly before imposing penalties after adjudication. Without those requirements, state agencies may be able to order people and businesses to pay fines for breaking rules without proving whether…
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Federal Register weekly update: 2020 total tops 45,000 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 July 20 to July 24, the Federal Register grew by 1,376 pages for a year-to-date total of 45,056 pages. Over the same…
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Montana governor lawsuit challenges U.S. Bureau of Land Management director nomination
On July 20, Montana Governor Steve Bullock (D) filed a lawsuit aimed at prohibiting acting director of the U.S. Bureau of Land Management (BLM) William Perry Pendley from exercising the director powers of the agency. The lawsuit argues that Pendley, who President Trump officially nominated to become director of BLM on June 30, 2020, serves…
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Federal Register weekly update; Trump administration has issued 35 significant final rules so far in 2020
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 13 to July 17, the Federal Register grew by 1,776 pages for a year-to-date total of 43,680 pages. Over the same…