The logical outgrowth doctrine in rulemaking

Article Abstract:

The logical outgrowth standard is a court-devised test for reviewing final legislative rules adopted by federal agencies under the Administrative Procedures Act. It holds that adequate notice of proposed rulemaking will be found if the final rule is the logical outgrowth of the original proposal. Agencies can minimize the chances of rule invalidation by structuring notice to ensure public awareness and comments on the terms, substance, subjects, and issues involved, and by noting each change and its antecedents in the final rule.

Interpretation and construction, Laws, regulations and rules, Administrative law, Notice (Law)

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Administrative adjudication under health care reform

Article Abstract:

Health care reform proposals raise numerous issues that will ultimately be decide by administrative adjudication and this process needs to be considered a major part of any reform proposals. Issues such as eligibility and scope of coverage will be challenged, and an administrative body should be identified as the arbitrer for each potential conflict. This would likely involve a combination of new and existing administrative bodies.

Management, Usage, Health care reform, Dispute resolution (Law)

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