Practice question
An agency admits that notice of a proposed rule and an opportunity for interested views were practicable, and no different law controls. It gives neither, then argues that later final-rule publication necessarily substitutes for Section 9(1)’s pre-adoption participation. Which is best?
- Final publication automatically supplies an earlier opportunity that never occurred.
- Section 9(1)’s practicable notice-and-views process is distinct from later publicity of the adopted rule.
- Public participation means the agency must accept every suggestion.
- Only private donors may submit views.
- The statute prohibits consultation.
Legal references
- Executive Order No. 292, Administrative Code of 1987: https://lawphil.net/executive/execord/eo1987/eo_292_1987.html Book VII, Section 9(1).
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