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Arizona Court Holds Judge Need Not Hear Case To Write Recommended Decision

California's Administrative Procedure Act requires that an administrative law judge preside over contested administrative hearings.  Cal. Gov't Code § 11512(a).  However, the agency determines whether the administrative law judge (ALJ) hears the...

Administrative Procedure Act

Are Industry Comments The Only Comments That Matter?

Under the federal Administrative Procedure Act's informal rule making mandate, agencies must give interested persons an opportunity to participate in rule making through submission of written data, views, or arguments with or without opportunity for...

Administrative Procedure Act, Securities and Exchange Commission

White House Orders Agencies To Offer Opinion Letters Or Does It?

Last month, the White House issued this fact sheet concerning two executive orders intended "to improve the transparency and fairness of government agencies and ensure that they are held accountable".  The fact sheet describes the "Transparency and...

Administrative Procedure Act

Plaintiffs Fail In Second Constitutional Challenge To DBO Desist And Refrain Orders

Three years ago, I wrote about a constitutional challenge to a desist and refrain order issued under the California Corporate Securities Law and the California Finance Lenders Law (nka the California Financing Law).  In Shurnas v. Owen, 2016 U.S....

Administrative Procedure Act

Is Artificial Intelligence The Future Of Rulemaking?

Earlier this year, the Securities and Exchange Commission proposed a new rule establishing a standard of conduct for broker-dealers and natural persons who are associated persons of a broker-dealer when making a recommendation of any securities...

Administrative Procedure Act

Staff Guidance - What Would California Do?

Recently, Securities and Exchange Commission Chairman Jay Clayton released a public statement emphasizing that "all staff statements are nonbinding and create no enforceable legal rights or obligations of the Commission or other parties."  The...

Administrative Procedure Act

Did The SEC Violate The APA In Publishing Its Statement And Guidance on Cybersecurity Disclosures?

The federal Administrative Procedure Act is both straightforward and general.  It defines a "rule" as "the whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe...

Administrative Procedure Act

Was This Interim Final Rule More Final Than Interim?

In this post from July 2016, I took the Securities and Exchange Commission to task for  adding Item 16 to Form 10-K as an "Interim Final Rule".  As I then explained, Interim Final Rules constitute an end-run on the notice and comment requirements of...

Administrative Procedure Act

California Finders Rule May Soon Take Effect

Nearly one year ago, the California Department of Business Oversight proposed regulations to implement the provisions of AB 667 (Wagner).  The bill, which was enacted in 2015 and took effect last year, created a new exemption from the broker-dealer...

broker-dealer, Broker-Dealers, Seciton 11349.3, Section 11346.4, exemption, AB 667, Administrative Procedure, Administrative Procedure Act, Department of Business Oversight, finders, Office of Administrative Law

The SEC's Flawed Changes To Exchange Act Forms

Title I of the Jumpstart Our Business Startups (aka JOBS) Act amended the Securities Act and the Exchange Act to provide some regulatory relief to issuers that qualify as an "emerging growth company".  Recently, the Securities and Exchange...

SEC, Administrative Procedure, Administrative Procedure Act, AP, Form 10-K, Form 10-Q, public notice, Section 553, Securities and Exchange Commission



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30172DBAB0084D3A8F39D7AF0A8E79BC.ashxKeith Paul Bishop
Partner at Allen Matkins
(949) 353-6328
 Contact me
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