Doubts about direct final rulemaking

Article Abstract:

Direct final rulemaking is an innovative method developed by the federal administrative agencies for making new regulations. It is a response to the so-called ossification of the informal rulemaking process due to procedural requirements and judicial review. However, direct final rulemaking may be impossible to square with the Administrative Procedure Act (APA) or with the requirement that judicial review be available. Amending the APA or limiting judicial review is necessary to permit direct final rulemaking.

Judicial review of administrative acts

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Analyzing Hawaii's rulemaking procedures: the need for a consensus-seeking rulemaking model

Article Abstract:

The author describes how state agencies in Hawaii employ the state administrative procedure act . He suggests that the act be replaced with a more flexible consensus-seeking model similar to that used by the State Procurement Office and outlined in the federal Negotiated Rulemaking Act of 1990.

Hawaii

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Publication rules in the rulemaking spectrum: assuring proper respect for an essential element

Article Abstract:

The author discusses the place of interpretive rules, statements of general policy, and staff manuals in the hierarchy of administrative law. Topics include administrative agency reliance on rules to explain standards-based regulations and agency authority over publication rules.

Publishing industry, Law

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