LAW 615 Lecture Notes - Lecture 25: Mine Safety And Health Administration, Five Guys, Rulemaking
30 May 2020
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Notice and comment is not required when an agency alters an interpretive rule with a new interpretive rule: procedural rules. if a directive issued is procedural in nature, it is not subject to notice and comment. Test for determining if something is a procedural rule: does the agency action encode a value judgment or put a stamp of approval or disapproval on a given type of behavior: good cause exception. Don"t have to engage in notice and comment when the agency for good cause finds that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest. Impracticability if the agency"s function would be unavoidably prevented by its undertaking public rulemaking proceedings. Derieux v. five guys, general notice of a proposed rule that would freeze prices was impracticable on the assumption that there would have been a massive rush to raise prices before the freeze deadline.
