Judicial review of procedural compliance

Article Abstract:

The regulatory reform bill, Senate bill 343, includes judicial review provisions that suggest that agency noncompliance with risk assessment or cost-benefit analysis requirements could be grounds for finding agency action to have been arbitrary and capricious. The provision could be read to imply that the agency result must also be in error, but there is no explicit materiality requirement. Inconsistent application of the law may result. Agencies will be burdened with creating more documentation in support of decisions that in turn creates more grounds for appeal.

Analysis, Interpretation and construction, Judicial review of administrative acts

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Preventive medicine

Article Abstract:

The debate surrounding health care reform in the 103rd Congress highlighted the inattention paid to administrative regulations that should be a necessary part of such all-encompassing policy debates. The public's acceptance of whatever plan is ultimately decided upon will depend in great part on the administrative procedures they come into contact with. Congress should keep this in mind, and not simply hand down a new health care system without thinking of the practical implications of their decisions.

Political aspects, Powers and duties, Health care reform, Administrative agencies, Government agencies

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More on direct final rulemaking: streamlining, not corner-cutting

Article Abstract:

Lars Noah's objections to the federal agency practice of making a rule final after publication if there are no objections from the public are refuted. Topics include how direct final rulemaking substantially complies with the Administrative Procedure Act and the good cause exemption to ordinary notice-and-comment procedures.

United States, Planning, Innovations, Delegated legislation

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