While much of the recent media attention focused on states establishing health insurance exchanges under the Affordable Care Act (ACA), the federal government is playing a significant role implementing key parts of the law. With only sixteen states plus the District of Columbia set to manage their own exchanges and seven more opting for a […]
OPM is now accepting applications for Administrative Law Judge (ALJ) positions with various federal agencies all over the country. ALJs preside over hearings required pursuant to the Administrative Procedures Act on a variety of issues including food and drugs, labor management relations and social security disability. This position closes March 15, 2013. Visit usajobs.gov for […]
The DOT, Office of the General Counsel is looking for a dynamic executive to serve as the Assistant General Counsel for Regulation and Enforcement. The application deadline is March 25, 2013, with interim reviews of applications received by midnight on March 7, 2013 and March 20, 2013. The Assistant General Counsel will lead a team […]
Notice and Comment is pleased to spotlight Mary Bissell, Principal at Child Focus. Child Focus is a national consulting firm that brings together innovative people, programs and policies to help non-profit organizations, foundations, and government agencies support America’s children and families. Below, Mary shares her administrative law experience and offers advice for aspiring attorneys. 1. What […]
On February 28, 2013, the Department of Labor (DOL), Office of Federal Contract Compliance Programs (OFCCP) published a notice rescinding two guidance documents related to compensation discrimination. OFCCP enforces nondiscrimination and affirmative action requirements for federal contractors. The agency rescinded the Interpreting Nondiscrimination Requirements of Executive Order 11246 with respect to Systemic Compensation Discrimination (Standards) […]
The U.S. Office of Personnel Management (OPM) recently announced it will open the Administrative Law Judge Examination soon. Unlike in previous years, there will be no limit on applications. For more information on becoming an Administrative Law Judge, visit OPM’s website. We’ll be sure to update you once the job listing opens! This post was originally published on […]
On February 22, 2013, the U.S. Department of Agriculture (USDA) published a notice of proposed rulemaking (NPRM) proposing changes to the Supplemental Nutrition Assistance Program (SNAP). The proposed rule would authorize USDA to quickly suspend payments to businesses that “flagrantly” misuse the program. Under existing regulations, businesses are able to remain active retailers in SNAP even if they are […]
The Food and Drug Administration, Office of National Coordinator for Health IT, and Federal Communications Commission (FCC) are seeking applications for the Food and Drug Administration Safety Innovation Act Workgroup (FDASIA). The FDASIA will “inform the development of a report on an appropriate, risk-based regulatory framework pertaining to health information technology including mobile medical applications that […]
Registration is now open for the 2013 Administrative Law and Regulatory Practice Institute, April 3-4, 2013, in Washington, DC at the Capitol Hilton. The institute will cover hot topics and emerging issues in administrative law. Stay tuned for the full conference agenda! This post was originally published on the legacy ABA Section of Administrative Law […]
The U.S. Equal Employment Opportunity Commission (EEOC) invites public input on its efforts to develop a Quality Control Plan (QCP). The EEOC Strategic Enforcement Plan for Fiscal Years 2012-2016 requires the agency to develop a QCP for public and private sector investigations and conciliations and federal sector hearings and appeals. The agency is specifically seeking […]
On February 6, 2013, the Department of Labor (DOL) published a final rule in the Federal Register (78 FR 8833-8947) revising Family Medical Leave Act (FMLA) benefit requirements for family members of servicemembers. The FMLA provides qualifying family members of injured or ill servicemembers (military caregiver) or activated National Guard or Reserve members (qualifying exigency) […]
The American Bar Association Section of Administrative Law and Regulatory Practice is pleased to unveil the new Notice and Comment blog. The revised blog provides an opportunity for Section members to engage in dialogue about upcoming Section activities and highlight the contributions our members are making to the legal field. The blog also has a […]
It is hornbook administrative law that agencies’ interpretations of their own regulations received heightened judicial deference. The standard cites are Bowles v. Seminole Rock Co., 325 U.S. 410 (1945), and Auer v. Robbins, 519 U.S. 79 (1997). The principle has a number of possible justifications: (a) the agency best understands what interpretation will make sense […]
Readers in DC may be interested in Administrative Judging in the 21st Century: The Hi-Tech Courtroom and “Googling” the Evidence, a brown-bag session that will take place at the ABA on June 21. The discussion will be devoted to changes in administrative hearings resulting from the new courtroom technology, including nation-wide video-conferencing, wireless networks, hand-held […]
On Monday, June 4, several of the contributors to the Section’s well received new book, The Law of Counterterrorism, will participate in a roundtable discussion on cutting-edge topics covered in the book, including detention and interrogation, military commissions, and the KSM trial at Guantanamo. This will be fascinating and timely discussion. It is free and open to […]