Federal agencies have begun using user fees as a substantial means of financing the federal government. Certain requirements must be met in order for user fees to be (lawfully) charged. Under 31 U.S.C. section 9701, heads of agencies may prescribe regulations establishing a charge for a service of thing of value provided by the agency. Regulations prescribed are subject to policies ...
21
May 2012
Expansion of Federal User Fees Raises Lawfulness Questions
02
Sep 2011
Federal Agencies Essentially Legislating…
...and Charging Fees to Cover Their Costs Federal agencies under the Obama Administration are taking regulating to a new level and, in many cases, essentially legislating. Also, in some cases, fees are being charged to cover the costs of the excessive regulatory activities. Congress can delegate to federal agencies the power to essentially make law, via legislative regulations. A legislative ...
26
Aug 2011
Can You Sue the Government (and Win)?
"You can't fight city hall" is an old saying. Under a legal doctrine called sovereign immunity, generally, you cannot sue the U.S. government or any government in the U.S. (and win). However, exceptions exist. When should you fight city hall? When the facts and law present a potentially winnable case. Class actions are the most economic means of handling a problem that impacts a large number of ...
25
May 2011
Published Writing by Allen Buckley
Allen Buckley is the author of a host of articles on employee benefits and tax topics. Publications include: Is Treasury's New Reg Scheme for Return Preparers Lawful? in October 15, 2012 edition of Tax Notes Do Tax-Qualified Plans Still Make Sense? Spring 2011 Edition of Journal of Pension Benefits Are the New ERISA Section 408(b)(2) Regulations Unlawful?, Winter 2011 edition of Journal ...