Other
Comments in Response to the Office of Management and Budget’s Improving and Reforming Regulatory Enforcement and Adjudication Notice
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...
Petition to Amend Rule 3, Rules of Procedure for Judicial Review of Administrative Decisions
Pursuant to Rule 28, Ariz. R. Sup. Ct., the New Civil Liberties Alliance (“NCLA”) petitions this Court to amend Arizona Rule of Procedure for Judicial Review of Administrative Decisions 3 (“JRAD Rule 3”). NCLA is a nonprofit civil-rights organization and...
Comments in Response to the U.S. Department of Energy: Proposed Agency Guidance Rulemaking
The New Civil Liberties Alliance (NCLA) submits the following commentary in response to the Department of Energy’s (DOE) request for comment on NCLA’s August 2, 2019 petition for rulemaking. See Regulations Prohibiting Issuance, Reliance,or Defense of Improper Agency...
Comments in Response to the Federal Communications Commission’s Proposed Regulation: Procedural Streamlining of Administrative Hearings
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...
Comments in Response to the Direct Final Rule Proposed by the Consumer Product Safety Commission: Revisions to Safety Standard for Infant Bath Seats
Re: Revisions to Safety Standard for Infant Bath Seats, Docket Number CPSC-2009-0064In 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...
Comments in Response to the Environmental Protection Agency’s Proposed Rule: Updating Regulations on Water Quality Certification
Re: Updating Regulations on Water Quality CertificationDocket ID No.: EPA-HQ-OW-2019-0405NCLA 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...
Comments in Response to the New York State Education Department’s Proposed Regulation: Substantially Equivalent Instruction for Nonpublic School Students
Re: I.D. No. EDU-27-19-00010-P: Substantially Equivalent Instruction for Nonpublic School StudentsIn NCLA’s view, the Department must withdraw the Substantial Equivalency Rule because it violates the New York State and United States Constitutions in at least two...
Comments in Response to the Department of Health and Human Services: Proposed Rule for Nondiscrimination in Health and Health Education Programs and Activities
Re: Nondiscrimination in Health and Health Education Programs or Activities, Docket No.: HHS-OCR-2019-0007According to the Executive Summary published in the Federal Register related to the Proposed Rule, “Section 1557 of the Patient Protection and Affordable Care Act...
Comments in Response to Alcohol and Tobacco Tax and Trade Bureau, Treasury: Modernization of the Labeling and advertising Regulations for Wine, Distilled Spirits, and Malt Beverages
Notice No. 176: Modernization of the Labeling and Advertising Regulations for Wine, Distilled Spirits, and Malt Beverage; Docket No. TTB-2018-0007While the Proposed Rule’s liberalization of Certificate of Label Approval (“COLA”) regulations reforms an overly...
Comments in Response to the U.S. Sentencing Commission: Proposed Amendment for Sentencing Guidelines
Sentencing Guidelines for the Court; Proposed Amendment 2018-27505 Amending § 4B1.2 NCLA applauds the Sentencing Commission’s desire to rectify serious issues pertaining to the Guidelines. NCLA does not take a position regarding the appropriate definition of the terms...