Federal RuleAug 21
62
DOL Rewrites Disability Rules for 'Merit-Based Opportunity' Push
RuleLabor DepartmentFederal Contract Compliance Programs OfficeSignificant Wallet
119-hr-9278119th Congress
To amend title 5, United States Code, to provide that judicial review under the Administrative Procedure Act requires de novo trial of the facts when agency action seeks a sanction.
Sponsored By: Representative Hageman, Harriet M. [R-WY-At Large]
Introduced
Summary
De novo factual review of agency findings in sanction cases. This bill would require courts to review factual questions anew, not just legal questions, when agencies seek sanctions, and it would include factual findings from notice-and-comment rulemaking (section 553) and formal adjudication (section 554) in that review.
Show full summary
- People and businesses facing agency sanctions would have factual disputes reviewed anew by judges rather than left to agency determinations.
- Federal agencies would face de novo review of factual findings produced during notice-and-comment rulemaking (section 553) and formal adjudication (section 554).
- Federal courts would broaden review in sanction cases to cover both law and fact, including factual outcomes that arise from rulemaking and adjudication.
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Bill Overview
Analyzed Economic Effects
1 provisions identified: 1 benefits, 0 costs, 0 mixed.
More court review when agencies seek sanctions
This bill would require courts to review factual questions anew when an agency seeks a sanction. Courts would hold a fresh, de novo trial of disputed facts and would not defer to agency findings. The review would expressly include factual results produced by rulemaking or formal adjudication under sections 553 or 554. The bill would affect individuals and businesses facing agency sanctions, and the text gives no effective date.
Sponsors & CoSponsors
Sponsor
Hageman, Harriet M. [R-WY-At Large]
WY • R
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov