TheCRE.com
CRE Homepage About The CRE Advisory Board Newsletter Search Links Representation Comments/Ideas
Data Access
Data Quality
Regulation by Litigation
Regulation by Appropriation
Special Projects
CRE Watch List
OMB Papers
Abstracts and Reviews
Regulatory Review
Voluntary Standards Program
CRE Report Card
Public Docket Preparation
Consumer Response Service
Site Search

Enter keyword(s) to search TheCre.com:

PUBLIC COMMENT ON THE CRE DRAFT DATA QUALITY RULE

Commenter: James O'Reilly

Affiliation: Professor, University of Cincinnati, College of Law

Comment:

July 2, 2000

Frankly I do not see the need for this. If an agency's data is poor, the opposing comments should address the flaws and the judicial review norm of arbitrariness seems to be sufficient as it is currently. The result is vacating the rule and telling the agency to start over, see Almay v Califano, 569 F2d 674 (DC Cir 1977).

We collectively entrust to agencies the fact gathering role and should give agencies some flexibility in how they gather data. I don't share the view that data quality is, under current administrative law, in need of additional safeguards.

Thanks for the invitation to comment.

Jim O'Reilly