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Comments in Response to the Federal Communications Commission's Proposed Regulation: Procedural Streamlining of Administrative Hearings
In the News
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…
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“Due Process Demands More than This.” – South Carolina Court Finds State’s Asset Forfeiture Regime Unconstitutional
In the News
Asset forfeiture is the process local, state, and federal law enforcement agencies use to seize property they allege was used to facilitate a crime or is the result of a crime. It is a vestige of English law that was used to combat piracy. Or maybe more accurately what Britain described as piracy—not complying with…
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Comments in Response to the Direct Final Rule Proposed by the Consumer Product Safety Commission: Revisions to Safety Standard for Infant Bath Seats
In the News
Re: Revisions to Safety Standard for Infant Bath Seats, Docket Number CPSC-2009-0064 In NCLA’s view, the Proposed Rule continues an odious trend of incorporating private standards into the law only by reference, thereby hiding the binding law behind a paywall. The Proposed Rule is therefore unconstitutional and must not be enacted as written. This comment…
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Comments in Response to the Environmental Protection Agency's Proposed Rule: Updating Regulations on Water Quality Certification
In the News
Re: Updating Regulations on Water Quality CertificationDocket ID No.: EPA-HQ-OW-2019-0405 NCLA commends EPA’s efforts to provide more certainty and stability in relation to implementing Section 401 of the Clean Water Act. While NCLA appreciates the importance of state sovereignty and the purpose underlying Section 401, it is also important to ensure that one state’s exercise…
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White House Executive Orders Cracking Down On Agency Guidance Could Provide Constitutional Protections in Title IX Cases
Caleb Kruckenberg
The Trump Administration has taken an important step in overhauling the administrative state by tackling the rampant abuse of agency “guidance.” Instead of issuing formal rules, agencies have come to rely on informal interpretations, advice, statements of policy and other forms of regulatory “guidance” that declares agency views on what the public should or…
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Time to Clear the Fog of Agency Secrecy from the Swamp
Adi Dynar
The two executive orders issued by the White House—“Bringing Guidance out of the Darkness,” and “Transparency and Fairness”—promise to start clearing the fog of faulty guidance documents issued by federal administrative agencies in the so-called Washington D.C. “swamp.” The administration should be applauded on taking a decisive step to reduce agency overreach. Among other mechanisms…
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