Comments Submitted to OMB on Improving and Reforming Regulatory Enforcement and Adjudication
Published
March 16, 2020
The U.S. Chamber's Institute for Legal Reform (ILR) submitted comments to the OMB urging reforms to make federal regulatory enforcement and adjudication fairer, faster, and more transparent. Key recommendations include: eliminating coercive tolling agreements that extend investigations beyond statutes of limitations; requiring agencies to use MOUs to reduce duplicative multi-agency enforcement actions; applying res judicata principles to prevent re-litigation of settled issues; ensuring regulated parties are never forced to prove their innocence; adopting Federal Rules of Evidence (especially hearsay rules) in administrative proceedings; mandating disclosure of all exculpatory evidence (Brady rule); strengthening adjudicator independence by favoring ALJs over agency-appointed judges; making civil penalties more transparent, proportionate, and predictable through notice-and-comment rulemaking; guaranteeing hearings before penalties are imposed and curbing coercive adverse publicity; and improving agency accountability through stricter enforcement of transparency executive orders and reporting mechanisms for improper investigator conduct.
