Re: FCC 19-86, EB Docket No. 19-214: Procedural Streamlining of Administrative Hearings Document No. 2019-20568
In NCLA’s view, The Streamlining Rule proposes to convert live-testimony hearings into written-record proceedings. Such a conversion would fundamentally reshape Congress’ administrative adjudicatory scheme by altering the dynamics of probative inquiries into disputed facts. Perhaps most notably, it would take away a regulated party’s ability to cross-examine and impeach adversarial witnesses in real time. Such a fundamental change cannot be lawfully accomplished through Administrative Procedure Act (“APA”) rulemaking.