Regulatory Values and the Exceptions Process

Statutory and administrative rules often fail to address circumstances not anticipated by the rulemakers. Where strict compliance with the rules is not mandated, 2 devices are available to deal with special cases: 1. dispensatory discretion, and 2. an exceptions process. Dispensatory discretion usua...

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Bibliographic Details
Published in:The Yale law journal 1984-04, Vol.93 (5), p.938-957
Main Author: Sellers, Jefferey M.
Format: Article
Language:English
Subjects:
Administrative agencies
Administrative law
Broadcast regulation
Commercial regulation
Environmental agencies
Gasoline
Government regulation
Judiciary
Law
Political parties
Principles
Regulation
Regulatory agencies
Regulatory legislation
State regulation
Statutory law
Values
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Summary:Statutory and administrative rules often fail to address circumstances not anticipated by the rulemakers. Where strict compliance with the rules is not mandated, 2 devices are available to deal with special cases: 1. dispensatory discretion, and 2. an exceptions process. Dispensatory discretion usually entails ad hoc adjustment of a rule, typically consisting of a decision not to enforce a rule or statutory provision. Alternatively, an exceptions process seeks explicit justification for treating special cases differently. This process usually includes a written explanation of decisions, opportunity for intervention or comment, an informal record of proceedings, and decision guidelines. Administrative officials using discretion should normally opt for the exceptions process. This process affords greater accountability, participation, equal treatment, predictability, and efficiency than does dispensatory discretion. Experience in the domestic crude oil industry bears out the benefits of the exceptions process.
ISSN:0044-0094
1939-8611
DOI:10.2307/796104