Comments of Richard J. Pierce, Jr. on Promoting the Rule of Law Through Transparency and Fairness in Civil Administrative Enforcement and Adjudication Docket Number OMB-2019-0006

23 Pages Posted: 20 Feb 2020

See all articles by Richard J. Pierce

Richard J. Pierce

George Washington University Law School

Date Written: February 11, 2020

Abstract

On January 30, 2020, OMB published a Notice entitled “on Promoting the Rule of Law Through Transparency and Fairness in Civil Administrative Enforcement and Adjudication.” OMB solicited comments by March 16 on the issues raised by eleven questions. The wording of the Notice and President Trump’s reference to it in his State of the Union address strongly suggest that the President plans to use the record created by the Notice as the basis for an Executive Order in which he will limit in many ways the actions that agencies can take in investigations and enforcement proceedings.

In these comments, Professor Pierce responds to four of the questions posed in the OMB Notice. The comments document the fairness of the adjudication procedures that agencies use in enforcement proceedings. The comments also explain how some of the actions taken by the President, the Department of Justice and the courts threaten to eliminate features of the agency adjudication system that are critically important to its fairness.

Suggested Citation

Pierce, Richard J., Comments of Richard J. Pierce, Jr. on Promoting the Rule of Law Through Transparency and Fairness in Civil Administrative Enforcement and Adjudication Docket Number OMB-2019-0006 (February 11, 2020). GWU Legal Studies Research Paper No. 2020-07, GWU Law School Public Law Research Paper No. 2020-07, Available at SSRN: https://ssrn.com/abstract=3540392

Richard J. Pierce (Contact Author)

George Washington University Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States
202-994-1549 (Phone)
202-994-5157 (Fax)

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