Administrative Law

IJ Comments on Proposed Administrative Rules

Federal laws are seldom written by Congress. Similarly, some state statutes reflect little more than state legislators’ aspirations. Instead, Americans increasingly must abide by administrative rules prepared by officials in executive branches in Washington D.C. and state capitols. These rules control many aspects of life and are as binding as any statute until legislators enact superseding legislation.

Administrative agencies at the federal and state levels make laws through a process of “notice and comment.”

Consistent with its commitment to liberty, IJ engages in the development of administrative law in select, strategic ways. In addition to litigating against adopted rules, IJ attorneys submit comments on proposed rules in fields about which IJ knows from its research, litigation and legislative advocacy.

IJ submits Petitions for Rulemaking in executive branches in D.C. and state capitols

Recent Petitions for Rulemaking

Eyelash Technician Hours in Minnesota

In 2016, Minnesota’s legislature enacted an occupational license requiring 14 hours of training. A year later, the Board of Cosmetology broke the law. The Board promulgated rules in 2017 that require 38 hours of training.

Monitoring Locations of Commercial Vehicles

IJ submitted a comment letter in response to the Advanced
Notice of Proposed Rulemaking that the Federal Motor Carrier Safety Administration published, seeking feedback on whether it should require every commercial motor vehicle
to install an electronic device that would wirelessly transmit identifying information to law enforcement on demand.

Cosmetology Training Hours Required in Virginia

IJ submitted a comment on the Virginia proposed rule that reduces the education required to become a licensed cosmetologist from 1,500 to 1,000 hours. The Institute for Justice supports the reduction as an important step toward greater opportunities for aspiring beauty-service providers.

Attorneys Licensed in Other Jurisdictions Admitted in Tennessee

IJ submitted comments in support of the April 25, 2022 Petition of the Network of Enlightened Women (“Petitioner”), In re: Amendment of Rule 7, Section 5.01(c), Rules of the Tennessee Supreme Court.

Reporting Required for Crypto Transactions

IJ submitted this comment letter because IJ is concerned that the Proposed Rule, if adopted, would enact an intrusive and unnecessary government surveillance program in violation of the Fourth Amendment and other provisions of the U.S. Constitution.

CLE Requirements Using On-Demand Videos in Minnesota (II)

Continuing education requirements impose an expensive and often useless cost on licensed practitioners. IJ and attorneys from four other firms are bringing this problem directly to the justices of the Minnesota Supreme Court.

CLE Requirements Using On-Demand Videos in Minnesota (I)

Graduates of Non-ABA Accredited Law Schools Taking the Bar Exam in Minnesota

IJ lawyers submitted a petition to the Minnesota Supreme Court asking that licensed lawyers from other states who are graduates of non-ABA schools be able to sit for the Minnesota Bar Exam.