EPA claims it has the power to garnish wages without court approval

[dmcowen674]

7-9-2014

http://www.foxnews.com/politics/201...ower-to-garnish-wages-without-court-approval/

EPA claims it has the power to garnish wages without court approval



The EPA has claimed this new authority by citing the Debt Collection Improvement Act of 1996, which gives all federal agencies the power to conduct administrative wage garnishment, provided that the agency allows for hearings at which debtors to challenge the amount or the terms of repayment schedule.



The rule not only puts the burden of proof on the debtor, rather than the agency, but also allows the EPA to decide whether a debtor even gets a chance to present a defense before picking whomever it chooses to serve as a hearing officer.

The amount of money the EPA has collected in fines has increased steadily since President Barack Obama took office. In 2012, the agency took in $252 million in fines, up from just $96 million in 2009.

 

[dmcowen674]

This Fox News article seems to be implying Obama has given direct orders to the people in charge at the EPA to step up fines and garnishment.

 

[boomerang]

Obama has armed the EPA so fucking with them would probably be a choice worth thinking through beforehand.

This Fox News article seems to be implying Obama has given direct orders to the people in charge at the EPA to step up fines and garnishment.

No, it doesn't.

 

[Greenman]

I had assumed the EPA was being turned into a profit center. Take a look at the rules regarding lead based paint and the fines involved for non compliance. A single day of improper operations can run up hundreds of thousands of dollars worth of fines.

 

[OutHouse]

well i guess due process is dead.

 

[PokerGuy]

Hey, if it's OK for the IRS to be used as a political attack dog against those who dare question the dear leader, why not use the EPA the same way? Sounds pretty effective, especially when you can shift the burden of proof onto the defendant. That'll teach them to oppose leftist ideology.

 

[IronWing]

The US kidnaps, tortures, imprisons indefinitely, and murders folks w/o judicial oversight of any kind and the rightwing says "Sure boss!" Take civil action to collect fines from polluters and the rightwing comes unhinged. Typical rightwing values on display for all to see.

 

[OutHouse]

The US kidnaps, tortures, imprisons indefinitely, and murders folks w/o judicial oversight of any kind and the rightwing says "Sure boss!" Take civil action to collect fines from polluters and the rightwing comes unhinged. Typical rightwing values on display for all to see.

And here we go with the typical P&N bullshit.

 

[IronWing]

And here we go with the typical P&N bullshit.

No, that started several posts up.

 

[piasabird]

Fines for what? How does this affect a home owner?

 

[Babbles]

While not really a fan of lots of government, I don't have an issue with this. Per the EPA:

"Administrative Wage Garnishment (AWG) would apply only after EPA attempts to collect delinquent debts and after Treasury attempts to collect delinquent debts through other means. . ."

It seems as if it is a means of last resort for the EPA. So if a person violates federal hazardous waste laws, gets fined, and doesn't pay after several agencies get involved then as a last resort the EPA can do this. Which I am sure itself can still be challenged in court.

Seems like an efficient process to me.

 

[K1052]

I had assumed the EPA was being turned into a profit center. Take a look at the rules regarding lead based paint and the fines involved for non compliance. A single day of improper operations can run up hundreds of thousands of dollars worth of fines.

Yea, damn government getting in the way of our right to expose people to lead paint dust. Next thing you know they'll make us get rid of our asbestos responsibly too.

 

[Darwin333]

I had assumed the EPA was being turned into a profit center. Take a look at the rules regarding lead based paint and the fines involved for non compliance. A single day of improper operations can run up hundreds of thousands of dollars worth of fines.

Where have you been? This has been going on for quite a while on construction sites, just a different agency. OSHA can, and will, fine your ass 10's of thousands of dollars for shit that is technically in the rules but when put into practice in the field (since there is no such thing as a "textbook" job site in the real world) makes the workers far less safe. Yes, I often have to tell my guys to work in a less safe way or I'm at risk of getting a fucking huge fine. Even worse is most of the OSHA inspectors are the types of assholes that aren't going to leave you alone until they find something to write you up on.

I got fined for a guy sitting sideways in a lull eating his lunch. The entire jobsite was a mud hole and the lull was in 3' of mud, had two flat tires and no keys in the ignition, guy just wanted a relatively dry place to park his ass while he ate lunch. OSHA fined me because the guy didn't have his seat belt and the report even included the fact that it wasn't possible for the guy to move the lull if he wanted to. I contested the fine and didn't end up having to pay for that one but it took a huge amount of time and effort for something so ridiculous. The inspector spent over 3 hours on my site and finally came up with that bs citation. I'm not sure if its some sort of internal mandate or the inspectors just thinking they must find something or they aren't doing their jobs but they rarely leave a site without writing something up.

 

[werepossum]

Where have you been? This has been going on for quite a while on construction sites, just a different agency. OSHA can, and will, fine your ass 10's of thousands of dollars for shit that is technically in the rules but when put into practice in the field (since there is no such thing as a "textbook" job site in the real world) makes the workers far less safe. Yes, I often have to tell my guys to work in a less safe way or I'm at risk of getting a fucking huge fine. Even worse is most of the OSHA inspectors are the types of assholes that aren't going to leave you alone until they find something to write you up on.

I got fined for a guy sitting sideways in a lull eating his lunch. The entire jobsite was a mud hole and the lull was in 3' of mud, had two flat tires and no keys in the ignition, guy just wanted a relatively dry place to park his ass while he ate lunch. OSHA fined me because the guy didn't have his seat belt and the report even included the fact that it wasn't possible for the guy to move the lull if he wanted to. I contested the fine and didn't end up having to pay for that one but it took a huge amount of time and effort for something so ridiculous. The inspector spent over 3 hours on my site and finally came up with that bs citation. I'm not sure if its some sort of internal mandate or the inspectors just thinking they must find something or they aren't doing their jobs but they rarely leave a site without writing something up.

This is rapidly becoming the mode in which all executive branch agencies operate. If you are not the federal government, then you are the enemy and your only use is as a possible source of bonuses. You are administratively adjudged guilty, then invited to use the court system to prove your innocence.