Section 8 Checklist for Challenging an Administrative Rule or Policy

• Library: Administrative Law 2011

The following is an outline-type “checklist” for counsel who is faced with an existing or proposed agency rule or a situation in which the agency is citing a “policy” as the basis for its action or inaction. This checklist is an attempt, through a series of questions, to acquaint counsel with the broad avenues of inquiry and argument that can be made concerning administrative rules. In keeping with the outline approach, citations are given to sections in this chapter in which further explanation can be found.

Is the statement by the agency a proposed rule or a formal rule that is already in effect, or is the agency interpreting or implementing law or policy in a fashion that is not a formal rule?

If it is a...