Reform
-Need to democratize process – more participation
-bias toward written comments
-bias toward big guns and lawyers
-JM – what if only can attack rule as arbitrary or irrational during enforcement proceedings
-would treat like legislation
-reduces problem of trying to determine whether rule is arbitrary or irrational w/ limited information
-scale back from arbitrary and capricious to rational basis
-negotiated rulemaking
-people with bigger stakes participate
-But USA Group Loan services Inc. v. Riley (7th Cir. 1996)  – act did not make promise enforceable
-soft-law rather than hard-law – publicize best practices and gold stars for exceeding standards
-ways to gather information
-public meetings
-advisory committees w/ experts and interested persons
-advanced notice of proposed rule making
-criticism – captured by private organizations; skewed in favor of some individuals/groups