OIRA Memorandum Directs Agencies to Consider Principles of Fairness in Administrative Enforcement and Adjudication – Update from Bergeson & Campbell, P.C.

The Office of Management and Budget’s (OMB) Office of Information and Regulatory Affairs (OIRA) issued memorandum M-20-31 on August 31, 2020, on the implementation of Section 6 of Executive Order (EO) 13924, “Executive Order on Regulatory Relief to Support Economic Recovery.”  Section 6 of the EO directs the “heads of all agencies” to “consider the principles of fairness in administrative enforcement and adjudication” enumerated in the EO and to “revise their procedures and practices in light of them, consistent with applicable law and as they deem appropriate in the context of particular statutory and regulatory programs and the policy considerations identified in section 1 of this order.”  The memorandum requests that agencies coordinate with OIRA staff to issue any needed final rules by November 26, 2020 (absent a waiver granted by the Administrator), with a request for public comment that agencies may consider in any future revisions.  The OMB guidance is best understood with reference to EO 13924, which directed federal agencies to undertake certain steps in response to the economic implications of COVID-19.  For more information on the OMB guidance, please read the full memorandum.


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