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comment by kleinbl00

HHS doesn't have to sue. They are judge, jury and executioner. HHS determines your violations outside a court of law. HHS assigns penalties outside a court of law. It's like the FAA or the DOT or the SEC or any other USA TLA: if they decide you owe money, you owe money. It's not a judgement, it's a fine. What you, as a non-governmental entity, can do, is argue the fairness or validity of the law under which you were fined... but the law itself is entirely under their purvey.

http://www.washingtonpost.com/wp-dyn/content/article/2011/02/22/AR2011022207094.html

That's what this looks like - not a litigious reshaping of the law but a top-down bureaucracy determining how badly you're fucked. Again, in the land of civil fun the law can be shaped... but now we're back in that corner case I lack the imagination to create.





illu45  ·  2852 days ago  ·  link  ·  

Interesting, thanks for the explanation/link!