When a federally insured savings and loan institution (“thrift”) fails, the Federal Home Loan Bank Board (FHLBB) exercises overall regulatory control. The Federal Savings and Loan Insurance Corporation (FSLlC), under the direction of the FHLBB, ordinarily acts as receiver for federally insured thrifts, and, in that capacity, must pay the valid credit...
Congress (Recommendations)
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- Recommendation number: 88-8
- Adopted on: September 16, 1988
- Tags: Adjudication, Bank Regulation, Congress, Receivership, Savings and Loan, Thrifts
- Recommendation number: 91-10
- Adopted on: December 13, 1991
- Tags: Adjudication, Antidumping, Congress, Countervailing Duty, Foreign Exports to U.S.
This recommendation discusses several possible reforms of the administrative procedures used in U.S. antidumping (AD) and countervailing duty (CVD) cases. These cases usually arise when a petition is filed on behalf of a U.S. industry by one of several statutorily specified interested parties asking the U.S. Government to impose special duties to...
- Recommendation number: 91-5
- Adopted on: June 14, 1991
- Tags: Congress, Rulemaking
The National Labor Relations Board (the Board) has formulated policy almost exclusively through the process of administrative adjudication despite having been granted both rulemaking and adjudicatory power in its statutory charter more than half a century ago. Even as rulemaking eclipsed adjudication as the preferred method of policymaking among...
- Recommendation number: 91-8
- Adopted on: December 12, 1991
- Tags: Adjudication, Civil Money Penalties, Congress, Dispute Resolution, Enforcement, Mediation
The Federal Aviation Administration is currently operating a demonstration civil penalty program under which the FAA may impose monetary penalties of up to $50,000 for violations of the Federal Aviation Act or its regulations. Under the program, the FAA prosecutes violations, proposing initial civil money penalties according to the discretion of the...
- Recommendation number: 91-9
- Adopted on: December 13, 1991
- Tags: Congress, Judicial Review, Specialized Courts
In recent years, there has been much talk of a crisis in the federal courts. In response, Congress empanelled the Federal Courts Study Committee, charging it with responsibility to examine the problems facing the courts and to develop a long-range plan for addressing them. The Committee issued its report in April 1990, touching on many different...
- Recommendation number: 92-3
- Adopted on: June 18, 1992
- Tags: Congress, Enforcement
Background
The 1968 Fair Housing Act outlaws various types of discrimination in the sale or rental of residential housing. It prohibits discrimination on the basis of race, color, religion, sex, and national origin, and covers sale and rental of residential housing, refusal to deal, and a...
- Recommendation number: 92-5
- Adopted on: June 19, 1992
- Tags: Congress
Congress first waived the government’s immunity from attorney’s fee awards in the Equal Access to Justice Act (EAJA), 5 U.S.C. 504, 28 U.S.C. 2412(d), in 1980 and reenacted the Act in 1985. The EAJA authorizes certain private parties that prevail in non-tort civil litigation against the United States in both courts and agencies to recover their fees...
- Recommendation number: 92-6
- Adopted on: June 19, 1992
- Tags: Congress
In 1981, Congress agreed to the Administration’s proposal to cease funding for the Office of Noise Abatement and Control (ONAC) in the Environmental Protection Agency (EPA). Congress, however, did not repeal the Noise Control Act1 when it eliminated ONAC’s funding....
- Recommendation number: 92-7
- Adopted on: December 10, 1992
- Tags: Adjudication, Administrative Law Judges (ALJs), Congress
PREAMBLE
At the request of the Office of Personnel Management, the Administrative Conference undertook a study of a series of issues relating to the roles of Federal administrative law judges (ALJs) and non-ALJ adjudicators, or administrative judges (AJs),...
- Recommendation number: 92-8
- Adopted on: December 11, 1992
- Tags: Congress, Grant Programs
In 1974 Congress enacted the Juvenile Justice and Delinquency Prevention (“JJDP”) Act, which created the Office of Juvenile Justice and Delinquency Prevention (“OJJDP” or “the Office”) within the U.S. Department of Justice. Among OJJDP’s responsibilities, then and now, is the administering of a program of formula grants to states and local...