Charlene Warner

Snell & Wilmer

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Latest Posts › Administrative Law Judge (ALJ)

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Arizona Court of Appeals “Updates the Handbook” on Judicial Review of Agency Action

When operating a business, it is nearly impossible not to have to interact with state or other local government agencies. Decisions regarding permits, licenses, government contracts, workforce compliance, environmental...more

4/15/2025 / Administrative Law Judge (ALJ) , Administrative Proceedings , Appellate Courts , Chevron Deference , Due Process , Government Agencies , Judicial Review , Regulatory Authority , Statutory Interpretation , Substantial Evidence

FDIC Reverses Position on the Constitutionality of In-House Administrative Law Judges

After several Supreme Court decisions and Executive Orders upended many of the norms governing the relationship between governmental agencies and the constitutional branches, a recent decision by the Federal Deposit Insurance...more

3/11/2025 / Administrative Law Judge (ALJ) , Anti-Money Laundering , Article II , Banking Sector , Constitutional Challenges , Enforcement Actions , FDIC , SCOTUS , Separation of Powers , Seventh Amendment

U.S. Supreme Court Reins in Agency Enforcement Powers

At the end of its most recent term, the U.S. Supreme Court took aim at the Securities and Exchange Commission’s internal enforcement mechanism, heavily curtailing the ability of the SEC to self-enforce violations of our...more

7/1/2024 / Administrative Law Judge (ALJ) , Article III , Enforcement Actions , Jury Trial , SCOTUS , SEC v Jarkesy , Securities and Exchange Commission (SEC) , Securities Fraud , Seventh Amendment

A Constitutional Shakeup in Administrative Law? The Fifth Circuit’s New Decision Revisits the Application of the Nondelegation...

A groundbreaking decision released by the Fifth Circuit on May 18 signals a changing landscape for federal administrative law and the separation of powers. In Jarkesy v. Securities and Exchange Commission, 34 F.4th 446 (5th...more

6/22/2022 / Administrative Law Judge (ALJ) , Constitutional Challenges , Jury Trial , Non-Delegation Doctrine , Penalties , Securities and Exchange Commission (SEC) , Separation of Powers

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