NCJ Number
100963
Journal
Georgetown Law Journal Volume: 71 Issue: 1 Dated: (October 1982) Pages: 1-118
Date Published
1982
Length
118 pages
Annotation
Negotiations as a supplemental rulemaking procedure would allow affected interests and an agency to participate directly in the development of a proposed rule while maintaining safeguards against arbitrary and capricious results.
Abstract
The formalization of rulemaking procedures has created a highly complex system of developing Federal regulations. Although the procedures were intended to produce sound agency decisions and to safeguard against arbitrary and capricious rules, they have generated an adversarial system characterized by delay, expense, and dissatisfaction. Mr. Harter provides an alternative approach: negotiating proposed regulations. This article proposes in detail a negotiating process, which Mr. Harter believes would provide incentives and opportunities to resolve issues during rulemaking and would result in better rules. (Publisher abstract)