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Federal Regulations Advisor Insight and Commentary on U.S. Government Regulatory Affairs

Tag Archives: Department of Education

Monday Morning Regulatory Review – 9/22/14: CFTC Extraterritorial Application; Food Safety Rules; & OMB Reviews

Posted in Executive - OMB Review, Judicial Review & Remedies, Regulatory Process

Summer is clearly over and the regulatory machinery is back up to full speed.  The United States District Court for the District of Columbia remanded without vacatur more than half a dozen Commodities Futures Trading Commission (CFTC) rules for failure to adequately explain the costs and benefits of extraterritorial application of those rules.  Within the… Continue Reading

Monday Morning Regulatory Review II – 3/17/14: FLSA Overtime Standards; H-2B Wage Methodology; Gainful Employment; & Electronic Logging Hours of Service

Posted in Agency Authority, Executive - OMB Review, Judicial Review & Remedies, Regulatory Flexibility & Small Business, Regulatory Process

While Part I of today’s Monday Morning Regulatory Review (MMRR) focused on Obamacare and health care, this Part II focuses on a wider range of regulatory activity.  President Obama instructed the Department of Labor (DOL) to charge into the breach of Fair Labor Standards Act (FLSA) regulations and DOL, on its own hook, proposed another… Continue Reading

Monday Morning Regulatory Review – 9/16/13

Posted in Judicial Review & Remedies, Regulatory Process

Three significant points of interest this week from three totally different yet all preliminary perspectives: the Department of Agriculture (DOA)’s Country of Origin Labeling (COOL) regulations survived a motion for a preliminary injunction pending judicial review; the Department of Labor (DOL) published its long-awaited proposals for new occupational safety standards for crystalline silica; and the… Continue Reading

Economically Significant: A Threshold Shapshot of OMB’s Regulatory Docket

Posted in Regulatory Process

The term “economically significant” has a distinct meaning in the regulatory process and is the source of much angst for agencies and regulated industries.  “Economically significant” is not a legal term, however, but a management term – one of several thresholds for triggering review of a proposed or final rule by the Office of Management… Continue Reading

Administration’s Failing Grades 3: Educational Race to the Bottom?

Posted in Judicial Process, Judicial Review & Remedies

The Department of Education (ED) took one step last week in its attempt to better regulate the “for profit” colleges, universities, and other schools:  ED published a revision of a preamble to rules that the United States Court of Appeals for the District of Columbia Circuit remanded because the prior explanation was inadequate.  Amending a… Continue Reading

2012 Year End Review: Top 10 Most Read Posts & Thoughts for 2013

Posted in Judicial Review & Remedies, Regulatory Process

A year of writing this blog – and 115 … now 116 posts – warrants a traditional end-of-year review and prospective for next year.  For the Federal Regulations Advisor to be useful, it must be responsive to you, its readers. Top 10 Posts:  Popularity is often fickle, skewed toward longevity and against recent posts, but… Continue Reading

Monday Morning Regulatory Review – 10/29/12

Posted in Regulatory Process

Washington (with the Federal Government closed) braces for approaching storm Sandy – not regulatory, at least this week, but the regulatory tsunami appears more destined to occur than ever.  The Spring 2012 Unified Agenda now appears to have been an exercise in futility and wasted resources, as the Office of Information and Regulatory Affairs (OIRA)… Continue Reading

Administration’s Failing Grades: Education’s “For Profit” Debt Measure Rule Vacated

Posted in Executive - OMB Review, Judicial Review & Remedies, Regulatory Process

The United States District Court for the District of Columbia vacated more Department of Education (DOE) “for-profit college” student loan funding rules on June 30.  In this edition, the court accepted DOE’s interpretation of a statutory “gainful employment” requirement, but rejected DOE’s debt measure proxy and subsidiary reporting and approval rules.  Association of Private Sector… Continue Reading

Administration’s Higher Education Act Rules Get Failing Grade from D.C. Circuit

Posted in Judicial Review & Remedies

The United States Court of Appeals for the District of Columbia Circuit in a lengthy opinion today vacated or remanded significant parts of the Department of Education (DOE)’s signature Higher Education Act (HEA) regulations in Association of Private Sector Colleges and Universities v. Duncan.  The court of appeals reasoned that DOE: failed to provide an… Continue Reading

Monday Morning Regulatory Review – 4/30/12

Posted in Executive - OMB Review, Judicial Review & Remedies, Legislation, Regulatory Flexibility & Small Business

Regulations:  The Office of Management and Budget (OMB) began review on three more Small Business Administration (SBA) planned system of adjustments to the Small Business Size Standards, which generally increase the scope of regulatory flexibility analyses and the pool of businesses that are eligible for small business contracts.  OMB completed review of SBA final rules… Continue Reading