February 24, 2020

White House Office Of Management And Budget Wants Information On Regulatory Enforcement And Adjudication

The White House Office of Management and Budget (OMB), which oversees consideration, development, and implementation of federal regulations—has asked the American public and stakeholders for information related to possible new reforms that could “ensure adequate due process in regulatory enforcement and adjudication.”

The notice accompanying the request said, “The growth of administrative enforcement and adjudication over the last several decades has not always been accompanied by commensurate growth of protections to ensure just and reasonable process. Because many citizens’ sole or principal interaction with the federal government is with a federal agency, it is of the utmost importance that administrative enforcement and adjudication operate subject to requirements that ensure they are fair, speedy, accurate, transparent, and respectful of the rights of Americans.”

Specifically, OMB is looking for information from individual Americans and businesses on matters concerning:

  • When regulatory investigations and/or adjudications coerce Americans into resolutions/settlements.
  • What safeguards would systemically prevent unfair and/or coercive resolutions.
  • Whether agencies provide enough transparency regarding penalties and fines.
  • Whether penalties are generally fair and proportionate to the infractions for which they are assessed.
  • What reform(s) would ensure consistency and transparency regarding regulatory penalties for a particular agency or the federal government as a whole.
  • Whether agencies and agency staff are accountable to the public in the context of enforcement and adjudications.

Click here for more information if your company is interested in providing information to the OMB. Comments will be due in about a month and a half.