Who may ask an administrative agency to interpret or explain a published disposition standard, and when must the agency comply?
General information · Not legal advice
Material to check
In a practice file we would read the published disposition standard as it stands, the written request for interpretation or explanation sent to the agency, and any reply, because each bears on whether the standard was unclear and whether the agency complied.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading gives the request to a party and others standing in that position, and only where the published disposition standard is not clear; the request goes to the relevant administrative agency, and that agency must follow it unless special circumstances stand in the way.
Another reading stresses that the duty is written only for a published standard, so a standard withheld from publication, which paragraph three allows, gives nothing to request under this paragraph; it also leaves open which relevant agency must answer where an integrated standard was published by the principal licensing agency.
Your judgment
Where the agency declines to follow a request, what in the file could show what special circumstances justified that refusal?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We revisit this card if the provision is amended to widen who may request an interpretation, or if a court decision sets what the agency's compliance without special circumstances requires.