Administrative Law: 21st Century–House Judiciary Report

Here is a gem published some 15 years ago which contains the views of  many of the key managers of centralized regulatory review.

Notable comments include:

DON ARBUCKLE. I’m going to talk from here if you don’t mind. There is no podium that I’ve ever met that has designed for the 95th percentile male. Curtis and Neil both have indicated that the focus of this seminar is on recent regulatory developments. ‘‘Recent’’ is of course—all is relative. There are some of you out in the audience who have been associated with this field of endeavor for many, many years. Mr.Tozzi  for example, one of those who was here at the creation, has been involved in this since Gondwanaland broke up and the Atlantic was formed. But others of you have been here for a lesser period of time. [1255]

SALLY KATZEN  Now, this tone was truly reflected in terms of the implementation because, during the Jim Tozzi /Jim Miller days, the OIRA staff was generally known as lean, mean junkyard dogs. And again any comment by Jim Tozzi that they were recommendations is truly laughable. They were tough and when they spoke, you listened period. We tried something a little less heavy-handed and I got tagged as being the OIRA administrator who believes in the hot tub theory of regulations. We’ll get in the warm water and see how it is and we’ll just all be friendly and we’ll work this through together. But I would insist sometimes you can get more accomplished by being nice and cooperative and helpful and friendly than by being a bitch. At least this was my own experience and I happen to think that we were relatively successful in the hot tub theory of regulation. [1418]

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