Does the harmless error rule need to be applied in the administrative context?
MultiRegion, United States of America
The following excerpt is from Nw. Res. Info. Ctr., Inc. v. Power, 730 F.3d 1008 (9th Cir. 2013):
caution in applying the harmless error rule in the administrative rulemaking context because [h]armless error is more readily abused there than in the civil or criminal context, id. at 1090 (internal quotation marks omitted). [T]he burden of showing that an error was harmful is not ... a particularly onerous requirement. Id. (quoting Shinseki v. Sanders, 556 U.S. 396, 410, 129 S.Ct. 1696, 173 L.Ed.2d 532 (2009)).
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