DA turns the leadership advantage.
Rosen 16 – former Professor of Law at Georgetown University, Director of the Administrative Law and Regulatory Practice Section at the American Bar Association, J.D. from Harvard Law School.
Jeffrey A. Rosen, “Report to the House of Delegates,” American Bar Association, https://www.americanbar.org/content/dam/aba/administrative/house_of_delegates/ebook-of-resolutions-with-reports/2016_hod_annual_meeting_electronic_report_book1.pdf#page=403
It should be noted that the public needs access to IBR material in proposed regulations no less than in adopted regulations. As well-established principles governing the rulemaking process require, an agency's notice of a proposed rule must be published in the Federal Register with the detail needed to facilitate a meaningful opportunity to comment. 35 These procedural requirements, which serve to maintain the legitimacy of agency rulemaking, require that "interested persons" be able to participate in rulemaking by submitting "data, views, or arguments" -public comments - to the agency.36 Yet an "interested person" cannot meaningfully exercise his or her right to comment without access to the substance of the standard on which comment is to be filed. 37 Requiring an "interested person" to pay a fee to learn the content of a proposed rule is a genuine obstacle impeding that person's right to comment under the Administrative Procedure Act.