Levin proposed recommendation Issue Exhaustion

The attached draft recommendation was proposed by Chairman Ron Levin based on Special Counsel Jeffrey Lubbers’ March 18, 2015 draft report, “Fail to Comment at Your Own Risk: Does Exhaustion of Administrative Remedies Have a Place in Judicial Review of Rules.”  This draft is intended to facilitate the Committee’s discussion at its April 1, 2015 public meeting, and not to preempt Committee discussion and consideration of alternate approaches or recommendations.