H.R. 432: Seventh Amendment Restoration Act

The Seventh Amendment Restoration Act is a piece of legislation proposed in the U.S. House of Representatives. Here is a breakdown of what the bill intends to accomplish:

Purpose of the Bill

The primary aim of the bill is to allow individuals involved in actions before administrative agencies to transfer their cases from those agencies to a U.S. district court. This change would provide those individuals with an alternative to the administrative process when disputing actions or decisions made by administrative law judges or agency officers.

Key Provisions

• Removal of Actions: The bill proposes an amendment to Section 702 of Title 5 of the United States Code, specifically allowing a person who is the subject of an action brought before an agency hearing officer to remove that action to a federal district court.
• Filing Procedure: Individuals wishing to transfer their case would need to file a notice of removal in the relevant district court, following a procedure similar to that used for removing cases from state courts under Title 28 of the U.S. Code.
• Definition Clarification: The bill defines "agency hearing officer" to include administrative law judges and other authorized agency employees who have the authority to hear cases.

Implications

By enabling the transfer of cases to the district courts, the bill seeks to enhance individuals' access to judicial review, potentially impacting how administrative decisions are contested. This could result in a number of changes in the legal landscape surrounding administrative law and may affect the workload and processes of both administrative agencies and federal courts.

Relevant Companies

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