what is the authority for attorney general directive

by Kirstin Bednar 3 min read

What is the Non-Enforceability Directive?

This Directive is issued pursuant to the Attorney General’s authority to supervise LPS operations and ensure the uniform and efficient enforcement of the laws and administration of criminal justice throughout the State. This Directive imposes limitations on law enforcement agencies and officials that may be more restrictive than the limitations imposed under the United States and New Jersey Constitutions, and federal and state statutes and regulations. Nothing in this Directive shall be construed in any way to create any substantive right that may be enforced by any third party.

What is the role of the Attorney General?

The Attorney General also exercises considerable enforcement authority in non-criminal matters. For example, the Attorney General has the statutory authority to investigate and pursue civil and administrative violations of certain statutes, including but not limited to the Law Against Discrimination, the Civil Rights Act, the False Claims Act, the Consumer Fraud Act, and the Charitable Registration & Investigation Act. In addition, the Attorney General serves as legal counsel for state agencies exercising their own civil or administrative enforcement authority, including but not limited to the Departments of Environmental Protection, Banking & Insurance, and Labor & Workforce Development, as well as units within LPS, including the Divisions of Alcoholic Beverage Control and Gaming Enforcement.

Is law enforcement discretionary?

Such law enforcement decisions are often discretionary, and this discretion must be exercised without regard to partisanship or the social, political, or ideological position of either the individuals involved in the particular cases or those who may seek to intervene against them or on their behalf.

What is the scope of delegation authority?

Section 1. Scope of Delegation Authority. (a) Delegation to Deputy Assistant Attorneys General. The Deputy Assistant Attorneys General are hereby delegated all the power and authority of the Assistant Attorney General in charge of the Civil Division, including with respect to the institution of suits, the acceptance or rejection ...

What is liquidation value?

Liquidation value is the forced sale value of the collateral, if any, securing the claim (s) plus the dividend likely to be paid for the unsecured portion of the claim (s) in an actual or hypothetical liquidation of the bankruptcy estate. Section 8. Supersession.

When did the Attorney General sign the 3532-2015 order?

On May 21, 2015, the Attorney General signed Order No. 3532-2015 increasing the monetary thresholds for the authority of Assistant Attorneys General to compromise or close civil claims, and increasing the redelegation authority to the United States Attorneys with respect to accepting offers of compromise for affirmative claims.

Who has the authority to take all necessary steps to protect the interests of the United States?

United States Attorneys are hereby delegated the authority to take all necessary steps to protect the interests of the United States, without prior approval of the Assistant Attorney General, Civil Division, or his representatives, subject to the limitations set forth in section 1 (e) of this directive.

Is the rule 12866 a significant regulatory action?

The Assistant Attorney General for the Civil Division has determined that this rule is not a “significant regulatory action” under section 3 (f) of Executive Order 12866 and accordingly this rule has not been reviewed by the Office of Management and Budget.

Can you appeal a bankruptcy decision without the approval of the Solicitor General?

An appeal of such a decision, as well as an appeal of an adverse decision by a district court or bankruptcy appellate panel reviewing a bankruptcy court decision or a direct appeal of an adverse bankruptcy court decision to a court of appeals, cannot be taken without approval of the Solicitor General.

Does the 'Second Amendment' have direct effects on the states?

This rule will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government.

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