Inflation-Based Adjustments in Federal Civil Monetary Penalties PDF Download
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Author: James Ming Chen
Publisher:
ISBN:
Category :
Languages : en
Pages : 56
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Book Description
Civil monetary penalties play a vital role in federal law. The Federal Civil Penalties Inflation Adjustment Act of 1990, Pub. L. No. 101-410, prescribes rules for the regular adjustment of federal civil monetary penalties in response to inflation. Three statutory defects have undermined the Inflation Adjustment Act. First, the Act's 10 percent cap on initial adjustments creates an "inflation gap" relative to the level that would properly reflect inflation. Second, the Act directs federal agencies to use Consumer Price Index data that are at least 7 months and as many as 18 months out of date. This creates "CPI lag" in the adjustment of civil monetary penalties. Third, the Act's rounding rules can force some agencies to wait 15 years or more between adjustments.Originally prepared as a report for the Administrative Conference of the United States, this article examines the Inflation Adjustment Act and recommends possible legislative remedies for the Act's defects.
Author: James Ming Chen
Publisher:
ISBN:
Category :
Languages : en
Pages : 56
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Book Description
Civil monetary penalties play a vital role in federal law. The Federal Civil Penalties Inflation Adjustment Act of 1990, Pub. L. No. 101-410, prescribes rules for the regular adjustment of federal civil monetary penalties in response to inflation. Three statutory defects have undermined the Inflation Adjustment Act. First, the Act's 10 percent cap on initial adjustments creates an "inflation gap" relative to the level that would properly reflect inflation. Second, the Act directs federal agencies to use Consumer Price Index data that are at least 7 months and as many as 18 months out of date. This creates "CPI lag" in the adjustment of civil monetary penalties. Third, the Act's rounding rules can force some agencies to wait 15 years or more between adjustments.Originally prepared as a report for the Administrative Conference of the United States, this article examines the Inflation Adjustment Act and recommends possible legislative remedies for the Act's defects.
Author:
Publisher: DIANE Publishing
ISBN: 1428939342
Category :
Languages : en
Pages : 55
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Book Description
Author: National Archives and Records Administration, Washington, DC.
Publisher:
ISBN:
Category :
Languages : en
Pages : 2
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Book Description
The Department of Education (Department) issued these final regulations to adjust the Department's civil monetary penalties (CMPs) for inflation. A CMP is defined in the statute as any penalty, fine, or other sanction that is: (1) for a specific monetary amount as provided by Federal law, or has a maximum amount provided for by Federal law; (2) assessed or enforced by an agency pursuant to Federal law; and (3) assessed or enforced pursuant to an administrative proceeding or a civil action in the Federal courts. The formula for the amount of a CMP inflation adjustment is prescribed by law and is not subject to the exercise of discretion by the Secretary of the Department of Education (Secretary). Four of the Department's CMP were adjusted in 2002. Two of the Department's CMPs were enacted as part of the Higher Education Amendments of 1998 (Pub. L. 105-244). These CMPs are 20 U.S.C. 1015(c)(5), which provides for a fine of up to $25,000 for failure by an institution of higher education (IHE) to provide information on the cost of higher education to the Commissioner of Education Statistics, and 20 U.S.C. 1027(f)(3), which provides for a fine of up to $25,000 for failure by an IHE to provide information to the State and the public regarding its teacher preparation programs. These final regulations do not require transmission of information that any other agency or authority of the United States gathers or makes available. A table presents civil monetary penalty inflation adjustments by statute, description, and the new maximum penalty amount.
Author: United States. Congress. House. Committee on Government Operations. Legislation and National Security Subcommittee
Publisher:
ISBN:
Category : Civil penalties
Languages : en
Pages : 136
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Book Description
Author: The Law Library
Publisher: Independently Published
ISBN: 9781795315203
Category : Law
Languages : en
Pages : 42
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Book Description
The Law Library presents the complete text of the Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2018 (US Wage and Hour Division Regulation) (WHD) (2018 Edition). Updated as of May 29, 2018 The U.S. Department of Labor (Department) is publishing this final rule to adjust for inflation the civil monetary penalties assessed or enforced in its regulations, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990 as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act). The Inflation Adjustment Act requires the Department to annually adjust its civil money penalty levels for inflation no later than January 15 of each year. The Inflation Adjustment Act provides that agencies shall adjust civil monetary penalties notwithstanding Section 553 of the Administrative Procedure Act (APA). Additionally, the Inflation Adjustment Act provides a cost-of-living formula for adjustment of the civil penalties. Accordingly, this final rule sets forth the Department's 2018 annual adjustments for inflation to its civil monetary penalties. This ebook contains: - The complete text of the Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2018 (US Wage and Hour Division Regulation) (WHD) (2018 Edition) - A dynamic table of content linking to each section - A table of contents in introduction presenting a general overview of the structure
Author: The Law Library
Publisher: Independently Published
ISBN: 9781795096775
Category : Law
Languages : en
Pages : 36
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Book Description
The Law Library presents the complete text of the Civil Monetary Penalty Adjustments for Inflation (US Coast Guard Regulation) (USCG) (2018 Edition). Updated as of May 29, 2018 This rule amends Department of Homeland Security (DHS or Department) regulations to adjust DHS and component civil monetary penalties for inflation. DHS calculated the adjusted penalties according to the statutory formula in the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, which was signed into law on November 2, 2015. The adjusted penalties will be effective for civil penalties assessed after August 1, 2016 whose associated violations occurred after November 2, 2015. This ebook contains: - The complete text of the Civil Monetary Penalty Adjustments for Inflation (US Coast Guard Regulation) (USCG) (2018 Edition) - A dynamic table of content linking to each section - A table of contents in introduction presenting a general overview of the structure
Author: The Law The Law Library
Publisher: Createspace Independent Publishing Platform
ISBN: 9781722122447
Category :
Languages : en
Pages : 36
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Book Description
Civil Monetary Penalty Adjustments for Inflation (US Department of Homeland Security Regulation) (DHS) (2018 Edition) The Law Library presents the complete text of the Civil Monetary Penalty Adjustments for Inflation (US Department of Homeland Security Regulation) (DHS) (2018 Edition). Updated as of May 29, 2018 This rule amends Department of Homeland Security (DHS or Department) regulations to adjust DHS and component civil monetary penalties for inflation. DHS calculated the adjusted penalties according to the statutory formula in the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, which was signed into law on November 2, 2015. The adjusted penalties will be effective for civil penalties assessed after August 1, 2016 whose associated violations occurred after November 2, 2015. This book contains: - The complete text of the Civil Monetary Penalty Adjustments for Inflation (US Department of Homeland Security Regulation) (DHS) (2018 Edition) - A table of contents with the page number of each section
Author: The Law Library
Publisher: Independently Published
ISBN: 9781793487773
Category : Law
Languages : en
Pages : 36
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Book Description
The Law Library presents the complete text of the Civil Monetary Penalty Adjustments for Inflation (US Transportation Security Administration Regulation) (TSA) (2018 Edition). Updated as of May 29, 2018 This rule amends Department of Homeland Security (DHS or Department) regulations to adjust DHS and component civil monetary penalties for inflation. DHS calculated the adjusted penalties according to the statutory formula in the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, which was signed into law on November 2, 2015. The adjusted penalties will be effective for civil penalties assessed after August 1, 2016 whose associated violations occurred after November 2, 2015. This ebook contains: - The complete text of the Civil Monetary Penalty Adjustments for Inflation (US Transportation Security Administration Regulation) (TSA) (2018 Edition) - A dynamic table of content linking to each section - A table of contents in introduction presenting a general overview of the structure
Author: The Law Library
Publisher: Independently Published
ISBN: 9781794405073
Category : Law
Languages : en
Pages : 74
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Book Description
The Law Library presents the complete text of the Federal Civil Penalties Inflation Adjustment Act Catch-Up Adjustments (US Workers Compensation Programs Office Regulation) (WCPO) (2018 Edition). Updated as of May 29, 2018 The U.S. Department of Labor is issuing this interim final rule to adjust the amounts of civil penalties assessed or enforced in its regulations. The Federal Civil Penalties Inflation Adjustment Act of 1990 as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act) requires agencies to adjust the levels of civil monetary penalties with an initial catch-up adjustment, followed by annual adjustments for inflation. The Department is required to calculate the catch-up and subsequent annual adjustments based on the Consumer Price Index for all Urban Consumers. The Department must publish the interim final rule by July 1, 2016, and the new penalty levels are effective no later than August 1, 2016. This ebook contains: - The complete text of the Federal Civil Penalties Inflation Adjustment Act Catch-Up Adjustments (US Workers Compensation Programs Office Regulation) (WCPO) (2018 Edition) - A dynamic table of content linking to each section - A table of contents in introduction presenting a general overview of the structure
Author: The Law Library
Publisher: Independently Published
ISBN: 9781795261593
Category : Law
Languages : en
Pages : 44
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Book Description
The Law Library presents the complete text of the Department of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2017 (US Wage and Hour Division Regulation) (WHD) (2018 Edition). Updated as of May 29, 2018 The U.S. Department of Labor (Department) is publishing this final rule to adjust for inflation the civil monetary penalties assessed or enforced in its regulations, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990 as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act). The Inflation Adjustment Act requires the Department to annually adjust its civil money penalty levels for inflation no later than January 15 of each year. The Inflation Adjustment Act provides that agencies shall adjust civil monetary penalties notwithstanding Section 553 of the Administrative Procedure Act (APA). Additionally, the Inflation Adjustment Act provides a cost-of-living formula for adjustment of the civil penalties. Accordingly, this final rule sets forth the Department's 2017 annual adjustments for inflation to its civil monetary penalties, effective January 13, 2017. This ebook contains: - The complete text of the Department of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2017 (US Wage and Hour Division Regulation) (WHD) (2018 Edition) - A dynamic table of content linking to each section - A table of contents in introduction presenting a general overview of the structure
