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ABC Comments on OMB’s Investigation, Adjudication Request for Information

March 18, 2020

On March 16, ABC submitted comments to the Office of Management and Budget on its Request for Information on Improving and Reforming Regulatory Enforcement and Adjudication.

Published in accordance with President Trump’s Executive Order 13892, Promoting the Rule of Law Through Transparency and Fairness in Civil Administrative Enforcement and Adjudication, the RFI sought public feedback on identifying reforms that ensure adequate due process in regulatory enforcement and adjudication.

In its comments, ABC both applauded the EO and welcomed the RFI.

“Far too often in previous administrations, agencies have imposed unfair and unnecessary burdens on businesses—particularly small businesses—through the investigatory and adjudicative process,” ABC said. “Because the rules and regulations by which statutes are implemented in the 21st century have become so complex and convoluted, it is nearly impossible for business leaders to be fully aware of every regulatory requirement. There are also many secret rules lurking in the Federal Register, or guidance that was never published at all or was changed without notice or public comment, resulting in potentially severe penalties for innocent mistakes…ABC hopes that this is the first step in fully implementing the order and reducing regulatory burdens imposed on the business community.”

Additionally, ABC expressed its support for the following modifications to the current investigatory and adjudicative processes:

• No person should be subjected to a civil administrative enforcement action or adjudication without prior public notice of the agency’s jurisdiction over the particular conduct and the legal standards that apply;
• All government agencies should foster greater private-sector cooperation in enforcement, share information more transparently with regulated businesses and reach predictable outcomes; and
• Most importantly, all government agencies must safeguard regulated businesses against punitive measures that are imposed without fair warning and full notice of what types of conduct will be penalized, including but in fact exceeding constitutional due process rights.

More information on the RFI can be found in the Federal Register.

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