Note:
Thomas A. Albright, Regulator Disqualification from Rulemaking Proceedings, 57 Texas L. Rev. 1193 (1979).
 

Abstract:
Regulation disqualification focuses on informal, or notice and comment, rulemaking in American Administrative law. The note investigates the proper public role of a regulator in rulemaking proceedings. Specifically, the note considers whether a regulator should ever be disqualified from participating in notice and comment rulemaking proceedings, and if so, pursuant to what standard of conduct. Part I examines the then current law, and concludes that the current law does not adequately address the question of disqualification from rulemaking, or quasi-legislative proceedings. Part II examines the relationship between the theoretical underpinnings of notice and comment rulemaking and the evolving role of the regulator suggesting a standard of conduct.