On September 6, the FCC released a proposed rulemaking that would streamline its administrative hearings processes by providing for hearings on written records. The proposed rulemaking states:
In our experience, disputes in Commission proceedings typically involve criticisms by one party of the evidence proffered by another party or the legal significance of that evidence, not actual conflicts in testimony between two witnesses concerning outcome determinative facts.
This proposed agency process reform is strong on the merits. If adopted, this reform would reduce costs to parties as well as administrative delays in decisionmaking.
For discussion of other agency process reform proposals, including reforms proposed in Congress, see blog posts by Free State Foundation President Randolph May, available here and here.
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