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week 11 of the semester has arrived on us in the air as the semester approaches its end our Halloween plans may not be final yet but our plan for the final should be there are no good shortcuts we have to synthesize our materials as we go along these materials include our takeaways but much more - speaking of takeaway agencies may rule make only by following APA Section 553 notice and comment procedures unless a statute says otherwise in exercising formal APA section 556 557 adju Kotori powers agencies may develop new doctrines in common law style when an agency creates law via the adjudicative route it has the power to make a reversal doctrine apply to the case before it as well as to future cases agencies with both rulemaking and adjudicatory powers have discretion to choose which to use to make doctrine agencies may be found to abuse that discretion if they penalize conduct expressly approved by prior doctrine mere detrimental reliance does not constitute a penalty though a fine do
