Comments in Response to the Office of Management and Budget’s Improving and Reforming Regulatory Enforcement and Adjudication Notice
March 16, 2020
NCLA’s examples document that recommendations that examine whether the current modes of rulemaking, enforcement and adjudication do not always comply with the Administrative Procedure Act (APA) and the U.S. Constitution. These examples are drawn from real cases—mostly cases in which NCLA represents the party involved. NCLA knows firsthand the many ways in which agencies need to curb their unlawful exercise of power and their abuses of the administrative lawmaking, enforcement and adjudication functions and took this opportunity to share that knowledge with OMB.
NCLA focused on six out of the eleven topics in OMB’s request for information including: investigatory reform; joint agency enforcement agreements; use of the Federal Rules of Evidence in agency adjudications; exculpatory evidence; unfair coercive resolution practices; and procedural rights in adjudication.