To amend title 5, United States Code, to provide that judicial review under the Administrative Procedure Act requires de novo trial of the facts when agency action seeks a sanction.
This bill would change how federal courts review decisions by government agencies when those agencies impose sanctions on individuals or organizations. Currently, courts typically defer to agency findings of fact unless they are clearly erroneous, but this bill would require courts to conduct a completely fresh examination of the facts, known as a de novo review, whenever an agency action involves a sanction. The change applies to judicial review under the Administrative Procedure Act, the primary law governing how federal agencies operate and can be challenged in court. The bill would affect anyone subject to agency sanctions, potentially including businesses, professionals, and individuals facing penalties from federal agencies. No specific funding or implementation timeline is included in the legislation.
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