PUBLIC COMMENT ON THE CRE DRAFT DATA QUALITY RULE
Commenter: James O'Reilly
Professor, University of Cincinnati, College of Law
July 2, 2000
Frankly I do not see the need for this. If an agency's data is poor, the opposing comments should address the flaws and the judicial review norm of arbitrariness seems to be sufficient as it is currently. The result is vacating the rule and telling the agency to start over, see Almay v Califano, 569 F2d 674 (DC Cir 1977).
We collectively entrust to agencies the fact gathering role and should give agencies some flexibility in how they gather data. I don't share the view that data quality is, under current administrative law, in need of additional safeguards.
Thanks for the invitation to comment.