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Law360

Transpo Board Should Broaden Ex Parte Rules Further

August 20, 2024

As in many things, balance is key to effective regulation. And one of the balances that administrative agencies must strike is the balance between, on the one hand, promoting open and transparent communications with stakeholders and, on the other, guarding against practices that could cast doubt on the agency's fairness and impartiality.

Both regulators and the regulated benefit from clear rules that allow regulators to directly interact with the entities affected by their regulations — while clearly delineating the kinds of ex parte communications that are impermissible.

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