Section 1480

Citation: Section 1480
Parent Document: Barbara Brewer v. Edward R. Madigan, Etc., 945 F.2d 449 (1991)
Jurisdiction: United States (federal)
Effective Date: 1991-09-26
Original Source: https://www.courtlistener.com/opinion/569091/barbara-brewer-v-edward-r-madigan-etc/ ↗

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. Appellant places particular emphasis on the fact that the agency allegedly did not rely on the so-called Smith Study, a systematic survey of the effectiveness of the grievance procedures by a former FmHA employee as part of her participation in the FmHA/American University Joint Mid-Management Training Program. However, the record reveals that two major representatives of the tenants' interests, the National Housing Law Project and the Housing Assistance Council, made detailed comments about the study and that the study was in fact considered before the initiation of the 1982-83 rulemaking proceeding at the time of its completion and presentation. Thus, the study need not have been reconsidered during the rulemaking process or made part of the administrative record, as it had been incorporated into the agency's institutional knowledge. See Action for Children’s Television v. FCC, 564 F.2d 458, 471 & n. 22 (D.C.Cir.1977).

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