The Fifth Amendment to the United States Constitution provides that “[n]o person shall be … deprived of life, liberty, or property without due process of law.” A similar due process mandate is imposed on the states by the Fourteenth Amendment. In...
"Regulated Parties Are Always Entitled To Fair Notice What Is Required Or Prohibited" Amen
Posted on August 25, 2023
Can Nonprecedential Decisions Be Relied Upon?
Posted on March 02, 2023
Yesterday's post noted that an administrative decision had not been listed as a "precedent decision". Today's post will delve into the role of precedential and nonprecedential agency decisions.
If Conduct Is Not Continuing, Can It Be Discontinued?
Posted on July 18, 2022
The Commissioner of the Department of Financial Protection & Innovation is vested with broad statutory authority to issue orders directing the discontinuance of violations or that a person "desist and refrain" from specified conduct. Cal. Corp. Code...
Report Issued On Two-For-One Executive Order, But What About The SEC?
Posted on October 18, 2018
The Office of Information and Regulatory Affairs recently published a report on the fiscal 2018 results of President Trump's Executive Order 13771 (Jan. 30, 2017) requiring federal agencies and departments to, among other things, eliminate two...
Supreme Court Shows No Deference To The DBO
Posted on August 15, 2018
For U.S. Supreme Court followers, a hot topic is whether the Court will continue to apply "Chevron deference". Under Chevron U.S.A., Inc. v. Natural Resources Defense Council, 467 U.S. 837 (1984), a court will uphold an agency's interpretation of an...
The SEC Shows That It's Never Too Late To Correct Some Mistakes
Posted on January 30, 2018
In 1997, the Securities and Exchange Commission adopted revisions to forms and schedules filed under the Securities Act of 1933, the Securities Exchange Act of 1934, related provisions of the Investment Company Act of 1940 and the Public Utility...
Standard Of Review Is Clear For Administrative Interpretations Of Statutes And Rules
Posted on October 12, 2017
A few days ago, I noted the Court of Appeal's opinion in Davis Test Only Smog Testing v. Dept. of Consumer Affairs, 2017 Cal. App. LEXIS 855. That post concerned the Court's holding that the plaintiffs' due process rights had not been violated by...
Attorney General Opines On Lay Representation At Administrative Hearings
Posted on October 05, 2017
Over three years ago, I wrote that California's Office of Administrative Hearings had requested the California Attorney General provide an opinion answering the following question:
CalPERS And Securities Lending - Waiting For Godot?
Posted on July 13, 2017
California Government Code Section 7603 is short and unambiguous:
