Trump Stresses 'Fairness' of Enforcement Decisions in Newly Issued EO
President Donald Trump issued an executive order May 19 to provide “regulatory relief” for companies during the COVID-19 pandemic, stressing that agencies should be fair when issuing enforcement decisions. Government agencies should modify, waive or provide exemptions for any regulations…
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“that may inhibit economic recovery,” the order states, adding that agencies should abide by “principles of fairness.” The order emphasizes that agencies “bear the burden” of proving alleged violations of regulations and says enforcement actions should be “prompt and fair.” Penalties for violations should be “proportionate” and transparent, the order says, and liability for violations should be imposed “only for violations of statutes or duly issued regulations” with an opportunity for the penalized party to respond. “Agencies must be accountable for their administrative enforcement decisions,” the order says. The order says it does not apply to national security or homeland security functions of the U.S., except for “procurement actions and actions involving the import or export of non-defense articles and services.”