- 22 - States v. Montalvo-Murillo, 495 U.S. 711, 717 (1990) (failure to comply with Bail Reform Act's prompt hearing provision) for the following proposition: “There is no presumption or general rule that for every duty imposed upon the court or the Government and its prosecutors there must exist some corollary punitive sanction for departures or omissions, even if negligent.” See also Diaz v. Dept. of the Air Force, 63 F.3d 1107, 1109 (Fed. Cir. 1995) (“An agency’s violation of a statutory procedural requirement does not necessarily invalidate the agency action, especially where Congress has not expressed any consequences for such a procedural violation.”). In effect, section 6330(c)(3)(A) provides that, prior to making his determination to proceed with collection, an Appeals officer shall obtain verification that all applicable laws or administrative procedures have been met. See sec. 6330(c)(1), (3)(A). As Judges Foley’s and Swift’s separate opinions in this case show, it is debatable whether section 6203 is an applicable law. Assuming that it is, however, the majority has concluded that petitioner was not prejudiced in any way by the delay in providing him with the required record. The Appeals officer’s verification that all applicable laws had been met may have been in error; nevertheless, the majority has, in effect, concluded that it was harmless error. Given the lack of a specific remedyPage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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