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6 Administrative Conference News 1 (1992)

handle is hein.usfed/admcfnws0006 and id is 1 raw text is: 





ADMINISTRATIVE




CONFERENCE




NEWS  


Administrative Conference of the United States       Spring 1992

Mediation and Adjudication Recommendations


Volume VI, Number 1


Highlight 44th Plenary Session
  Recommendations dealing with  gram perm
adjudication of civil money penalties  penalty cei
under the Federal Aviation Act and the  the FAA to
mediation program at the Farmers Home  $50,000 fo
Administration (FmHA) were among Aviation A
those adopted at the Conference's 44th  Pub. L. No.
plenary session December 12 and 13, the progr
1991. The full text of recommendations  specifically
is printed in the December 30, 1991  study and
issue of the Federal Register (56 Fed. regarding
Reg. 67139).                    adjudicatec
  Recommendation 91-8, Adjud- transferred
ication  of
Civil Pen-p

alties Under
the Federal
A v i a t i o n    ... ..,,
Act, drew
particular
interest. Theu

heard   the
committee's

mendation
and     the
Council's
proposed
alternative. In
addition, three
organizations
o u t s i d e Justice Clarence Thomas swearing
Conference member Susan Au Allen with he
membership holding the bible.
presented
their views. In 1990 the Conference  cases inv
urged Congress to make the Federal engineers b
Aviation Administration (FAA)   the NTSB.
demonstration civil money penalty pro-  (See 44th 1


anent and to eliminate the
ling. The program allows
impose civil penalties up to
r violations of the Federal
.ct or FAA regulations. In
101-370, Congress extended
am through 1992 and
asked the Conference to
make recommendations
whether the authority to
civil penalty cases should be
from the FAA to the National
           Transportation
           Safety Board
           (NTS B),
           shouldremain
           with the FAA,
           or should be
           otherwise
           modified.
           Recom-
           mendation
           91-8 affirms
           the earlier
           conclusions,
           but it also
           recommends
           that if  a
           consensual
           arrangement
           for allocating
'in Council adjudicatory
zr husband authority
           cannot be
           reached,
olving pilots and flight
9e shifted from the FAA to
Along with the shift, the
'lenary, page 8)


Conference - USIA
Cooperate on Rule-of-Law
Project
  As part of its rule-of-law initiative,
the United States Information Agency
(USIA) has requested the Conference's
assistance in the exchange of information
on administrative law with countries
that formerly were part of the Soviet
Union. To this end USIA will support
one or more administrative law
workshops in those countries.
  To lay the groundwork for the
workshops, in December 1991, the
Conference sent an advance delegation,
consisting of Conference member
William J. Kilberg and Deputy Research
Director Michael W. Bowers, to Moscow
and Kiev to discuss administrative law
issues with government officials,
academicians, and others interested in
legal reforms. They met in Moscow
with Svetlana Tetyuk, Deputy Minister,
Russian Ministry of Justice, Boris
(See USIA, page 8)

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