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.

The APA provides that 'rules of agency organization, procedure, or practice' are exempt from the general notice and comment requirements of section 553. 5 U.S.C. Sec. 553(b)(A) (1988). Courts have struggled with the distinction between 'substantive' and 'procedural' rules. Oft-cited formulation holds that the 'critical feature' of the procedural exception 'is that it covers agency actions that do not themselves alter the rights or interests of parties, although it may alter the manner in which the parties present themselves or their viewpoints to the agency.' Batterton v. Marshall, 648 F.2d 694, 707 (D.C.Cir.1980). See also American Hosp. Ass'n v. Bowen, 834 F.2d 1037, 1047 (D.C.Cir.1987); Neighborhood TV Co. v. FCC, 742 F.2d 629, 637 (D.C.Cir.1984). 'Of course, procedure impacts on outcomes and thus can virtually always be described as affecting substance, but to pursue that line of analysis results in the obliteration of the distinction that Congress demanded.' Air Transport Ass'n of Am. v. Department of Transp., 900 F.2d 369, 383 (D.C.Cir.1990) (Silberman, J., dissenting). See also American Hosp. Ass'n, 834 F.2d at 1047; Neighborhood TV, 742 F.2d at 637. The issue, therefore, 'is one of degree,' and a court's task is to identify which ...

Register or login to access full content



Professors
Professionals
Students