OPM Set to Open Administrative Law Judge Examination Soon

The U.S. Office of Personnel Management (OPM) recently announced it will open the Administrative Law Judge Examination soon. Unlike in previous years, there will be no limit on applications. For more information on becoming an Administrative Law Judge, visit OPM’s website. 

We'll be sure to update you once the job listing opens!

Agency Spotlight: USDA Proposes Changes to SNAP

by Lynn White

On February 22, 2013, the U.S. Department of Agriculture (USDA) published a notice of proposed rulemaking (NPRM) proposing changes to the Supplemental Nutrition Assistance Program (SNAP).  The proposed rule would authorize USDA to quickly suspend payments to businesses that "flagrantly" misuse the program.  Under existing regulations, businesses are able to remain active retailers in SNAP even if they are being investigated for trafficking benefits.  The proposed changes would allow USDA to suspend payments to those retailers and prevent further abuse. USDA is especially interested in comments from state agencies regarding the costs and timelines to implement the changes and any alternative process for suspending funds to retailers.  The proposed rule would also clarify the timeframe for responding to allegations of trafficking and strengthen other program requirements. The proposals are part of the Administration's Campaign to Cut Waste in government programs. 

The USDA is accepting comments on this proposal until April 23, 2013.  Comments can be made through www.regulations.gov, Docket Number FNS-2012-0029 or via mail to Shanta Swezy, Chief, Retailer Management and Issuance Branch, USDA, FNS, SNAP, Benefit Redemption Division, 3101 Park Center Drive, Room 426, Alexandria, Virginia, 22302. 

Agencies Seek Applications for Food and Drug Safety Workgroup

by Lynn White

The Food and Drug Administration, Office of National Coordinator for Health IT, and Federal Communications Commission (FCC) are seeking applications for the Food and Drug Administration Safety Innovation Act Workgroup (FDASIA). The FDASIA will "inform the development of a report on an appropriate, risk-based regulatory framework pertaining to health information technology including mobile medical applications that promotes innovation, protects patient safety, and avoids regulatory duplication."  Applications are due March 8, 2013.

This would be a great opportunity for Section members with relevant expertise to help guide the development of a regulatory framework in an important field.  Visit the FCC's website here for more information. 

 

9th Annual Administrative Law and Regulatory Practice Institute

Registration is now open for the 2013 Administrative Law and Regulatory Practice Institute, April 3-4, 2013, in Washington, DC at the Capitol Hilton.  The institute will cover hot topics and emerging issues in administrative law.  Stay tuned for the full conference agenda!

EEOC Seeking Input on Quality Control Plan

by Lynn White

The U.S. Equal Employment Opportunity Commission (EEOC) invites public input on its efforts to develop a Quality Control Plan (QCP). The EEOC Strategic Enforcement Plan for Fiscal Years 2012-2016 requires the agency to develop a QCP for public and private sector investigations and conciliations and federal sector hearings and appeals. The agency is specifically seeking recommendations on quality indicators for investigations and improving the overall quality of intakes, investigations and concilliations.

Written comments must be submitted by 5:00 p.m. EST, Friday, March 1, 2013 to strategic.plan@eeoc.gov. Visit the EEOC’s website for more information.

Agency Spotlight: DOL Issues FMLA Final Rule

by Lynn White

On February 6, 2013, the Department of Labor (DOL) published a final rule in the Federal Register (78 FR 8833-8947) revising Family Medical Leave Act (FMLA) benefit requirements for family members of servicemembers. The FMLA provides qualifying family members of injured or ill servicemembers (military caregiver) or activated National Guard or Reserve members (qualifying exigency) leave under certain circumstances. The final rule extends military caregiver leave to family members of injured or ill veterans. The final rule also extends qualifying exigency leave to family members of all servicemembers and adds a foreign deployment requirement. These provisions are designed to increase family involvement in veteran’s recovery and reduce employment challenges for military families. The final rule also sets out FMLA leave eligibility requirements for airline flight crewmembers and flight attendants.

The final rule is effective March 8, 2013. Visit DOL’s website for more information.

Welcome to the New "Notice and Comment"

The American Bar Association Section of Administrative Law and Regulatory Practice is pleased to unveil the new Notice and Comment blog. The revised blog provides an opportunity for Section members to engage in dialogue about upcoming Section activities and highlight the contributions our members are making to the legal field. The blog also has a section dedicated to providing members information about job opportunities. If you are interested in submitting an analysis of a recent case or agency action, would like to be featured in the blog's monthly member spotlight, or have information regarding a job opportunity you would like to share, please e-mail lwhiteaba@gmail.com!