Latest Posts › Administrative Procedure Act

Share:

The California Implications Of Perez v. Mortgage Bankers Association

On Monday, the U.S. Supreme Court heard oral arguments in Perez v. Mortgage Bankers Ass’n et al. The case, if decided against the Department of Labor (Thomas E. Perez is the Secretary of Labor), will have a significant...more

12/4/2014 - Administrative Procedure Act DOL Mortgage Bankers Association Mortgage Loan Officer Notice and Comment Oral Argument Perez v Mortage Bankers Assoc Rulemaking Process SCOTUS Wage and Hour

Adjudicate or Rule Make? That May Not Be A Question For The Courts

Professor Stephen Bainbridge yesterday passed along Henry G. Manne’s criticism of the SEC’s use of adjudication in lieu of rulemaking. For those who haven’t taken my Administrative Law class, there are actually two types of...more

10/24/2014 - Adjudicatory Process Administrative Procedure Act Enforcement Actions Rulemaking Process SEC

FTB Issues Legal Ruling Addressing Filing And Franchise Tax Obligations of LLCs And Their Members

I’ve written several posts on discussing the meaning and ramifications of “doing business” for California tax purposes. See, e.g., Why Your LLC May Be Doing More Than You Think In California Even When It’s Doing Nothing, 60...more

7/25/2014 - Administrative Procedure Act Corporate Taxes Doing Business FTB Limited Liability Companies State Taxes

Name And Shame No More?

The last few years has seen the rise of so-called “name and shame” laws. The aims of many these laws may be laudable, but yesterday’s decision by the Court of Appeals for the District of Columbia Circuit calls their...more

4/15/2014 - Administrative Procedure Act Conflict Mineral Rules Disclosure Requirements First Amendment SEC

Just How Binding Are SEC Statements In An Adopting Release?

Two years ago, I coined the term ““ARR Ratio”. The ARR Ratio (Adopting Release to Rule Ratio) is calculated by dividing the total number of words in the Adopting Release by the total number of words in the actual text of the...more

4/3/2014 - Administrative Procedure Act Preamble SEC

OAH Seeks Opinion Regarding Appearances By Non-Attorneys and Out-of-State Attorneys

I’ve written on several occasions about the Office of Administrative Law. It should not be confused with the Office of Administrative Hearings. The OAH provides administrative law judges who conduct hearings for over 1500...more

3/12/2014 - Administrative Procedure Act Office of Administrative Law

Supreme Court Decision Underscores The Importance Of Administrative Law

Administrative law is one of the most useful subjects that someone can take in law school. I say that as someone who has taught the subject. Earlier this week, the California Supreme Court issued an opinion that illustrates...more

8/7/2013 - Administrative Boards Administrative Procedure Act SCOTUS

The Most Important Thing You Need To Know Now About The Lifting Of The General Solicitation Ban

I’m tempted to begin this post with the following: Last week, the Securities and Exchange Commission lifted the ban on general solicitation in Rule 506 and Rule 144A offerings....more

7/15/2013 - Administrative Procedure Act Advertising General Solicitation JOBS Act Regulation D Rule 144A Rule 506 Offerings SEC

Court Rejects SEC’s Interpretation That All Exchange Act Reports Are Public

SEC Misreads The Dodd-Frank Act - Commenting on the SEC’s short-lived resource extraction rule, Professor Stephen Bainbridge recently posted: Can’t anybody at the SEC do basic cost benefit analysis? I hesitate to...more

7/8/2013 - Administrative Procedure Act Chevron v NRDC Dodd-Frank Public Disclosure Resource Extraction SEC Statutory Interpretation

FTB Fights Underground Regulation Determination – Why Won’t It Simply Do What’s Right?

Just last week, the California Taxpayers Association reported: For at least several months, the Franchise Tax Board has been sending filing enforcement notices to nonresidents of California, including many foreign...more

6/17/2013 - Administrative Procedure Act Compliance Franchise Tax Board Rulemaking Process Withholding Requirements

CalPERS To Consider External Investment Resource Disclosure Rule

Last August the Investment Committee of the California Public Employees’ Retirement System (CalPERS) approved revisions to its External Investment Resource Conflict of Interest Policy. A week later, I asked the Office of...more

2/13/2013 - Administrative Procedure Act CalPERS Conflicts of Interest External Investment Resource Conflict of Interest Policy External Managers Investment Funds Office of Administrative Law Underground Regulation

Could The Product Of Two Debts Really Be A Fortune?

In 628 in the Gurjar capital city of Bhillamala (now, Bhinmal, India), the mathemetician Brahmagupta set out to explain how zero and negatives numbers work. In his book, Brahmasphutasiddhanta, he set forth the rule that the...more

1/30/2013 - Administrative Procedure Act Advertising Dodd-Frank General Solicitation JOBS Act SEC

New Law Lets A Thousand Rules Bloom, But Only Quarterly

Under the Administrative Procedure Act, the Office of Administrative Law is responsible for the review of regulations promulgated by over 200 state agencies. In 2011, reportedly 103 different agencies proposed 467 new rules....more

1/3/2013 - Administrative Procedure Act Secretary of State

DOC Warns Financial Services Licensees And Can A Theory Be A Tautology?

Last April, the Consumer Financial Protection Bureau issued this Bulletin cautioning supervised banks and certain non-depository financial services companies that they must have “an effective process for managing the risks of...more

12/7/2012 - Administrative Procedure Act CFPB Licenses

Court Holds That Same Attorney May Advocate Before The ALJ and Agency Head

The Department of Corporations, like many state and federal agencies, does not observe a strict separation of powers. Indeed, the Department performs quasi-legislative functions in the form of rule making, prosecutorial...more

12/3/2012 - Administrative Procedure Act CalPERS Due Process

15 Results
|
View per page
Page: of 1