Helpful Hints
  • (1) You can search the entire content of Dean’s by phrase or by individual words. Just type your keywords into the search box and then pull down the search icon on the right and choose the option you need: search by word or by phrase or reset the content.
  • (2) Double click on a word in the content of a definition, and if the word is listed as a keyword in Dean’s, it will look that word up.
  • (3) You can use the search function to help jump the scrolling function. Simply type the first 2-3 letters into the search box then hit enter on your keyboard and the scroll will go to those Keywords that begin with those letters and allow you to scroll from there.

Section 556(e) of the Administrative Procedure Act ('APA') provides, '[w]hen an agency decision rests on official notice of a material fact not appearing in the evidence in the record, a party is entitled, on timely request, to an opportunity to show the contrary.' 5 U.S.C. § 556(e). In Union Electric Co. v. FERC, 890 F.2d 1193, 281 U.S. App. D.C. 388 (D.C. Cir. 1989), the court interpreted § 556(e) in light of pre-APA decisions involving challenges to official notice, identifying two prerequisites: 'First, the information noticed must be appropriate for official notice. Second, the agency must follow proper procedures in using the information, disclosing it to the parties and affording them a suitable opportunity to contradict it or 'parry its effect.'' Id. at 1202. The court viewed Treasury bond rates to be a type of information that was appropriate for official notice because such information is not typically subject to dispute. Id. at 1202-03. Union Electric, however, had raised 'substantial objections' to the Commission's apparent assumption of a linear relationship between the trend for Treasury bond rates and Union Electric's cost of equity capital. Id. at 1203. The court held that, despite Union Electric's 'partial ...

Register or login to access full content