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White House Issues Memorandum on Regulatory Relief to Support Economic Recovery

On August 31, 2020, the Office of Management and Budget (OMB) sent a memo (see below) to all Federal agencies providing guidance on how to implement Executive Order 13,924 Regulatory Relief To Support Economic Recovery. This memo compiled a list of best practices for assisting agencies with their review of processes and procedures. The memo states that government should bear the burden to prove an alleged violation of law and agencies should “ensure that members of the regulated public are not required to prove a negative to prevent liability and enforcement consequences” and agencies should read statutory or regulatory ambiguities related to violations and penalties “in favor of the targeted party in enforcement.” The memo continues by stating that administrative enforcement should be prompt and fair. Agencies should seek approval before entering into a tolling agreement that would extend the statute of limitations and should apply “limiting principles to the duration of investigations” should “notify the party when the investigation is closed and, when the agency has made no finding of violation, so state.”

OMB M-20-31