Time To End 'Open Mind' Requirement In Agency Rulemaking
By Steven Gordon ( April 3, 2019, 1:30 PM EDT) -- A recurring issue in federal administrative law is whether prejudgment of an issue by agency decision-makers disqualifies them from participating in a rulemaking proceeding or invalidates the resulting rule. The D.C. Circuit has stated that "[d]ecisionmakers violate the Due Process Clause and must be disqualified when they act with an 'unalterably closed mind' and are 'unwilling or unable' to rationally consider arguments."[1]...
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