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EVENTS

Florida ALJ Suspended for Insubordination

An article appearing in the April 3, 2020 edition of the Tallahassee Democrat, (a USA Today network newspaper) reported that a Florida Division of Administrative Hearings judge was suspended for accusing the agency’s director of engaging in ex parte communications.

READ THE ARTICLE

On April 6th, 2020, an on-line publication, Law & Crime, writes about how ALJ John Van Laningham’s supervising judge, John MacIver, was accused by him of making improper “ex parte communications” and the reasons why. The case involves a horse racing-and-betting track, the enforcement agency’s broad interpretation of the law, and how the ALJ wrote about the agency’s actions and his supervising judge. The Hon. Van Laningham was thereafter served with charges involving his “insubordination and misconduct.” 

READ THE ARTICLE

A copy of SCF v. Department of Business and Professional Regulation, Case No. 19-4245RU, decided March 13, 2020, can be accessed here.

Originally posted here on 4/5/2020. Revised 4/8/2020.

Policymaking by Adjudication

Last month, the Regulatory Review, a publication of the Penn Program on Regulation, published an article on a workshop held by the Federal Trade Commission non-compete clauses in employment contracts. The FTC asked whether and how to regulate these clauses during and for a time after employment.

The answer to the FTC’s question is clear: It should consider regulating non-competes by administrative adjudication. Regulating these clauses through adjudication is about as ideal a use of policymaking by adjudication as an agency can get; a new policy would not impose an affirmative duty on private actors, would likely receive Chevron deference, and would not be subject to OIRA review.”

CLICK HERE TO READ THE ARTICLE.

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