May the recipient of administrative guidance put its views on the manner and content of that guidance before the agency?
General information · Not legal advice
Material to check
In practice material of this kind, we check the copy of the administrative guidance notice, which shows who its counterpart was and what manner and content it fixed, and the opinion letter itself, with any receipt or correspondence showing it reached the administrative agency named in the notice.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the permission at face value: the counterpart of the administrative guidance may submit opinions to the administrative agency concerning the manner, content, etc. of that guidance, so the right belongs to that person and is limited to the guidance in question.
Another reading notes what the provision on opinion submission under the Administrative Procedure Act does not say: it sets no form or route for delivering the opinion, and it does not state what the agency must do once an opinion arrives, nor whether anyone other than the counterpart may submit one.
Your judgment
How could the file show that the person who sent the opinion was the counterpart of the guidance complained of?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to set a form of filing or a duty to answer, or if a court decision explains who counts as the counterpart or what an agency must do with an opinion received.