To amend title 5, United States Code, to provide that judicial review under the Administrative Procedure Act requires de novo trial of the facts when agency action seeks a sanction.
Summary
AI Summary
This bill proposes to amend the Administrative Procedure Act (APA) to significantly alter the standard of judicial review for agency actions that seek to impose a sanction. Specifically, it modifies Section 706 of title 5, United States Code, which governs the scope of judicial review of agency decisions.
The core change mandates that courts conduct a de novo trial of the facts when reviewing an agency action that seeks a sanction. This means that instead of deferring to an agency's factual findings, a reviewing court would independently re-examine and determine the facts of the case.
This new requirement applies to agency actions, including those resulting from rulemaking or adjudication, thereby ensuring a more rigorous judicial scrutiny of factual determinations underlying agency-imposed penalties or enforcement actions.
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Bill texts
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Timeline
Introduced in House
Referred to the House Committee on the Judiciary.
House of Representatives
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