Negotiated Rulemaking Flashcards
1
Q
What is negotiated rulemaking?
A
The idea that the interested parties and the agency get together and hash out the issue to create a new rule. then the negotiated rule goes through notice and comment rulemaking with less issues.
2
Q
In USA Loan v. Riley, the agency and the interested parties could not come to an agreement, so the agency passed a rule using rule and comment rulemaking instead. Did the court allow this?
A
Yes. The Court held that although the agency can choose to use this negotiated rulemaking, the agency still has final say on the rule. The only requirement the agency must abide by is Notice and Comment in 553.
