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Full-Text Articles in Law
Experiments In Agency Justice: Informal Adjudicatory Procedures In Administrative Procedure Acts, Karen E. Boxx
Experiments In Agency Justice: Informal Adjudicatory Procedures In Administrative Procedure Acts, Karen E. Boxx
Washington Law Review
The 1961 Revised Model State Administrative Procedure Act and most state administrative procedure acts ("APAs") provide for only one type of agency adjudication: a formal, trial-type hearing. The 1981 Model Act and five state APAs have departed from this approach by providing additional, more informal adjudicatory procedures. This Comment examines the developments since 1961 that prompted the drafters of these acts to include informal procedures. The major impetus for the change was the "due process explosion," which extended hearing rights to interests that had been considered too minor for formal hearings. The Comment then compares the 1981 Model Act and …
Quis Custsodiet Ipsos Custodes?: Gubernatorial And Legislative Review Of Agency Rulemaking Under The 1981 Model Act, David S. Neslin
Quis Custsodiet Ipsos Custodes?: Gubernatorial And Legislative Review Of Agency Rulemaking Under The 1981 Model Act, David S. Neslin
Washington Law Review
Legislatures frequently delegate broad rulemaking powers to administrative agencies to implement and enforce statutes. To control the use of this delegated authority, most states subject agency rulemaking to legislative or executive review. Through the use of various kinds of nonjudicial review, the states have served as innovative laboratories for the development of this concept. This Comment first outlines the history of nonjudicial review of agency rulemaking. It then describes and evaluates the gubernatorial and legislative review provisions of the 1981 Model Act. Finally, drawing upon the experiences of several states, it proposes a modification of the Act's approach to nonjudicial …
Environmental Regulation And Regulatory Reform, Douglas M. Costle
Environmental Regulation And Regulatory Reform, Douglas M. Costle
Washington Law Review
Regulatory relief asks the wrong question when it asks whether a regulation's benefits justify its costs. True regulatory reform asks how to make regulation fair, reasonable, and effective-that is, both efficient in spending social resources and successful in achieving compliance. Instead of simply devising new procedural burdens to impede the regulator, we ought to focus our regulatory reform efforts on finding effective ways to regulate by stimulating and rewarding industry's efficient compliance with regulation.