Legal Question in Administrative Law in New Jersey

Petition for Rulemaking

I am aware that under section 553(e) of the administrative procedures act, government agencies must give an individual the right to petition for a rule. I would like to know what an agency's responsibility is once they have received the petition. Can an agency simply ignore a petition, or do they have to address the specific concerns?


Asked on 11/27/07, 11:36 pm

1 Answer from Attorneys

Richard Wolf Wolf Law Associates LLC

Re: Petition for Rulemaking

The APA is enabling legislation and each federal agency has a different process for petitions. Other federal laws provide guidance for individual agencies, and some agencies have adopted standard practices. It is difficult, therefore, to know how to petition for a rulemaking and what to expect in return.

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Answered on 11/27/07, 11:58 pm


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