NCJ Number
47283
Journal
American University Law Review Volume: 26 Issue: 4 Dated: (SUMMER 1977) Pages: 1062-1099
Date Published
1977
Length
38 pages
Annotation
THE PROSPECTS OF THE PROPOSED AGENCY FOR CONSUMER ADVOCACY (ACA) AS AN EFFECTIVE MEANS OF STRIKING A BALANCE BETWEEN THE INTEREST OF CONSUMERS AND THOSE OF INDUSTRY ARE ASSESSED.
Abstract
THE ACSA IS ONE OF SEVERAL MECHANISMS PROPOSED IN CONGRESS FOR INCREASING THE AMOUNT OF PUBLIC INTEREST REPRESENTATION BEFORE FEDERAL REGULATORY AGENCIES. THE HISTORY OF THE ACA PROPOSAL AND SPECIFIC PROVISIONS OF ACA BILL ARE REVIEWED AND ANALYZED WITHIN THE CONTEXT OF REGULATORY REFORM. IT IS NOTED THAT CERTAIN PROBLEMS NONEXISTENT IN OTHER REFORM MECHANISMS ARE INHERENT IN THE ACA CONCEPTS. FUNCTIONAL ANALYSIS INDICATES THAT THE ACA COULD MAKE A VALUABLE CONTRIBUTION TO THE DECISIONMAKING PROCESS IN CERTAIN SITUATIONS BUT THAT, IN OTHERS, ACA INTERVENTION WOULD BE INAPPROPRIATE. THE ACA PROPOSAL REPRESENTS A 'SHOTGUN' APPROACH TO THE PROBLEM OF REGULATORY AGENCY FAILURE; I.E., ONE THAT CONFRONTS DEFINED PROBLEMS IN PARTICULAR AGENCIES. SUCCESSFUL REFORM REQUIRES INDEPTH ANALYSIS OF EACH REGULATORY AGENCY. THE SAFEGUARDS AGAINST GOVERNMENTAL INTRUSION THAT ARE PRESENT IN THE TRADITIONAL MODEL OF ADMINISTRATIVE LAW SHOULD NOT BE DISREGARDED. WHERE THE TRADITIONAL MODEL DOES NOT APPLY, THE INTEREST REPRESENTATION MODEL SHOULD BE CONSIDERED. DEREGULATION AND ABOLITION OF REGULATORY AGENCIES, ENFORCEMENT OF THE NONDELEGATION DOCTRINE IN REGULATORY AGENCIES, ADOPTION OF ALLOCATIONAL EFFICIENCY AS A SUBSTITUTE FOR AGENCY DECISIONS, AND INCREASED LEGISLATIVE OVERSIGHT ARE ALL POSSIBLE SOLUTIONS. THE ACA, IN COMBINATION WITH OTHER MEASURES, CAN REVITALIZE THE ADMINISTRATIVE PROCESS AND ASSURE FAIRNESS AND EFFICIENCY. (AUTHOR ABSTRACT MODIFIED--LKM)