Integrity Advance, LLC, et al. v. Consumer Financial Protection Bureau
AdministrativeLaw Environmental Securities JusticiabilityDoctri
Whether the Lucia 'new hearing' remedy requires an actual new hearing or only a cold review of the record
QUESTIONS PRESENTED 1. When this Court in Lucia v. SEC, 138 8S. Ct. 2044 (2018) instructed that an agency must hold a “new hearing” before a new and properly appointed official in order to cure an Appointments Clause violation, whether the Court intended the agency actually hold a new hearing, as the opinion plainly states, or whether a “new hearing” meant only to conduct a cold review of the paper record of the first, tainted hearing, without any additional discovery or new testimony, as the Consumer Financial Protection Bureau Administrative Law Judge did here and as the Tenth Circuit affirmed. 2. Whether an agency funding _ structure circumventing the Appropriations Clause violates the separation of powers, thus invalidating prior agency action taken under the unconstitutional funding structure.