There is an obvious need to conduct our governmental affairs effectively. expeditiously. and inexpensively. No administrative rule-making procedure is acceptable unless it fairly takes account of this consideration. Consequently, procedural requirements that unduly fetter agency action. or frustrate its purposes. are obvious!} unwise. What is needed, therefore. is a system of rule-making that will strike a sensible balance between the need for adequate public participation in that process. and the need for efficient government. In striking that balance. society's interest in involving affected members of the public in administrative rule-making at an early stage is not so slight that it should be set aside solely on the basis of minor inconvenience or expense to government.
Arthur E. Bonfield,
Military and Foreign Affairs Function Rule-Making Under the APA,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol71/iss2/2