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HOCTOR v. U.S. DEPT. OF AGRICULTURE

No. 95-2571.

82 F.3d 165 (1996)

Patrick D. HOCTOR, Petitioner, v. UNITED STATES DEPARTMENT OF AGRICULTURE, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided April 25, 1996.

Attorney(s) appearing for the Case

William J. Tabor (argued), Terre Haute, IN, for Patrick D. Hoctor.

Margaret M. Breinholt, M. Bradley Flynn (argued), Dept. of Agriculture, Office of Gen. Counsel, Washington, DC, for U.S. Dept. of Agriculture.

Before POSNER, Chief Judge, and DIANE P. WOOD and EVANS, Circuit Judges.

POSNER, Chief Judge.

A rule promulgated by an agency that is subject to the Administrative Procedure Act is invalid unless the agency first issues a public notice of proposed rulemaking, describing the substance of the proposed rule, and gives the public an opportunity to submit written comments; and if after receiving the comments it decides to promulgate the rule it must set forth the basis and purpose of the rule in a public statement. 5 U.S.C. §§ 553...

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