Is the subject of rule making controversial? Is litigation likely over the resulting rule?
• Are the affected interests well-defined and could spokespersons represent them in a negotiation? Because of the number of people affected by most rules, the persons at the negotiating table usually must be representatives of the affected interests. If these interests are not sufficiently organized to be represented at the negotiating table, the agency should develop the rule in some other manner. • Could a better rule result if the agency and the affected interests collaborated on its development? Persons who would be subject to the rule, or other parties, may have ideas which could reduce the burden of administration or compliance, while still meeting the goals of the statute and the objectives of the rule. • Are the issues negotiable? Is there no single right answer? Is the outcome genuinely in doubt, or is it reasonably clear what the terms of the rule will be? Could agreement require any party to compromise a fundamental value? • Do all parties view the process as beneficial to t
Related Questions
- Is the Cabinet Secretary’s discretion to approve or reject a proposed or reviewed rule subject to any legal constraints?
- What happens if a lawyer subject to Rule 5.5(f) does not provide the requisite notification and fee?
- Is the subject of rule making controversial? Is litigation likely over the resulting rule?
