Executive Order Calls on Agencies to Promote Economic Recovery By Providing Regulatory Exemptions, Recognize Good Faith Compliance
June 3, 2020
President Trump has issued an executive order calling on federal agencies to rescind, modify, waive, or provide exemptions from regulations or requirements that may inhibit economic recovery. More specific suggestions include temporary enforcement discretion and providing extensions of time in order to promote job creation and economic growth. Agencies should also provide guidance on what the relevant law requires, and accelerate procedures for providing “pre-enforcement rulings,” discussed in a previous executive order regarding transparency and fairness in civil administrative enforcement and adjudication.
Regarding enforcement, agencies should consider making public their policies regarding enforcement discretion, and “decline enforcement against persons and entities that have attempted in reasonable good faith to comply with applicable statutory and regulatory standards.” The order provides a list of “principles of fairness in administrative enforcement and adjudication.” Examples include that enforcement “should be free of unfair surprise,” and that penalties should be proportionate and transparent.
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