On May 19, 2020, President Trump issued an Executive Order on Regulatory Relief to Support Economic Recovery. The purpose of the Executive Order was to remove regulatory barriers to economic recovery from the effects of coronavirus lock downs throughout the country. The Order primarily directs federal agencies to address the current economic emergency by rescinding, modifying, waiving, or providing exemptions from regulations and other requirements that may inhibit economic recovery. But it goes farther than that. Among other things, it directs agencies to not just temporarily but permanently rescind regulations, accelerate pre-enforcement ruling procedures, decline enforcement against persons and entities that have attempted in reasonable good faith to comply with applicable statutory and regulatory standards and consider extenuating circumstances a rationale for declining enforcement.
It then goes on to articulate the principles of fairness in administrative enforcement and adjudication and directs agencies to revise their procedures and practices in light of them. Perhaps the most important principle listed in the Order is that the Government should bear the burden of proving an alleged violation of law - the subject of enforcement should not bear the burden of proving compliance. The Order contains the standard caveat that it is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the Government or anyone else. But given that agencies are expected to follow it, it can be a useful tool to use in discussions or negotiations with the Government in a wide range of situations.
Join Henry Casale and Dan Mulholland for a new Health Law Expressions Podcast where they explain this Executive Order in more detail and suggest ways to use it to your advantage now and in the future.
On May 19, 2020, President Trump issued an Executive Order on Regulatory Relief to Support Economic Recovery. The purpose of the Executive Order was to remove regulatory barriers to economic recovery from the effects of coronavirus lock downs throughout the country. The Order primarily directs federal agencies to address the current economic emergency by rescinding, modifying, waiving, or providing exemptions from regulations and other requirements that may inhibit economic recovery. But it goes farther than that. Among other things, it directs agencies to not just temporarily but permanently rescind regulations, accelerate pre-enforcement ruling procedures, decline enforcement against persons and entities that have attempted in reasonable good faith to comply with applicable statutory and regulatory standards and consider extenuating circumstances a rationale for declining enforcement.
It then goes on to articulate the principles of fairness in administrative enforcement and adjudication and directs agencies to revise their procedures and practices in light of them. Perhaps the most important principle listed in the Order is that the Government should bear the burden of proving an alleged violation of law - the subject of enforcement should not bear the burden of proving compliance. The Order contains the standard caveat that it is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the Government or anyone else. But given that agencies are expected to follow it, it can be a useful tool to use in discussions or negotiations with the Government in a wide range of situations.
Join Henry Casale and Dan Mulholland for a new Health Law Expressions Podcast where they explain this Executive Order in more detail and suggest ways to use it to your advantage now and in the future.