The Legal Process from a Behavioral Perspective

By Stuart S. Nagel | Go to book overview
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light on the empirical distribution and effects of alternative discretionary procedures among the regulatory agencies.
APPENDIX

RELEVANT QUESTIONS FROM THE DAWSON COMMITTEE QUESTIONNAIRE

I. Rulemaking
3. Describe for each of the categories listed in I through XIII rulemaking process followed as to --
A. Manner of collection of data for determination.
B. Extent of notice to interested parties.
C. Hearing and extent of public participation therein.
I Procedural rules.
III General statements of policy.
IV Interpretive rules.
V Statements of the general course and method by which functions are channeled and determined.
XIII Rules relating to agency management, organization and personnel.
6. (a) Has your agency afforded public participation in rulemaking when not required by statute to do so? If so, please explain fully, giving reasons for the agency action.14. As to each rulemaking power, comment on the adequacy -- either in statutory language or in legislative history -- of the Congressional standards so being implemented:

e. Where matters are left to agency discretion, are there any areas in which you believe greater statutory specification of standards would be desirable. If so, specify.


II. Adjudication
1. What judicial or quasi-judicial powers -- often referred to as adjudication -- does your agency exercise?
b. Who is authorized by statute to exercise it?
c. If delegated by or within your agency, what office or organiza-
tion unit is authorized to exercise it?

3. Describe briefly for each category, I through VII, citing pertinent authority therefor, the procedural practices and rules in every class of adjudication by your agency required by statute or the constitution to be determined on the record after opportunity for an agency hearing for:

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