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Rutledge Calls on President to Reform Regulatory Process


June 7, 2017

In a letter, she writes, ‘For too long, both Republican and Democratic Presidents have abused the system’

LITTLE ROCK – Arkansas Attorney General Leslie Rutledge today joined a 16-state coalition, calling on President Donald Trump to lead a regulatory reform effort that restores the balance of power between the states and the federal government and encourages common sense polices based on compromise and moderation.

“As I travel Arkansas, I hear loud and clear from Arkansans that they are burdened by the unlawful regulations put in place by bureaucrats in Washington, D.C.,” said Attorney General Rutledge. “While my colleagues and I have challenged these rules and regulations, what is truly needed is bold reform of the regulatory process so that these lawsuits are the exception – not the norm. Individuals and businesses are not protected under the current structure and that must change.”

The attorneys general propose that Congress pass legislation clarifying that federal agencies may not enforce rules, interpretations, guidance documents, bulletins, circulars, or any other administrative statement or action of any type or form in federal court. Further, to restore the role of the judiciary, agencies should be required to bring enforcement actions in Article III courts whenever they seek to impose a legal or financial obligation on an individual or business; whereas, current law allows federal agencies to bring enforcement actions against private individuals in front of in-house, administrative law judges.

Rutledge and her colleagues write, “In sum, the existing regulatory approach presents an enormous problem for private individuals, businesses, and State Attorneys General, irrespective of political affiliation. When federal agencies have virtually full control over the law, power is concentrated at the federal level. And the party that controls the executive effectively runs the nation — from what’s taught in the nation’s schools to the way our businesses are managed.”

Led by the State of Texas, Rutledge is joined on the letter by attorneys general from Alabama, Arizona, Indiana, Kansas, Louisiana, Missouri, Nebraska, Nevada, Oklahoma, South Carolina, South Dakota, Tennessee, West Virginia and Wisconsin.

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