HR 185 RFS 
posed rule. The agency shall promptly publish any such 
determination. 
‘‘(ii) If the agency does not resolve the petition under 
the procedures of clause (i), it shall grant any such peti-
tion that presents a prima facie case that evidence or other 
information upon which the agency bases the proposed 
rule fails to comply with the Information Quality Act, hold 
the requested hearing not later than 30 days after receipt 
of the petition, provide a reasonable opportunity for cross- 
examination at the hearing, and decide the issues pre-
sented by the petition not later than 60 days after receipt 
of the petition. The agency may deny any petition that 
it determines does not present such a prima facie case. 
‘‘(C) There shall be no judicial review of the agency’s 
disposition of issues considered and decided or determined 
under subparagraph (B)(ii) until judicial review of the 
agency’s final action. There shall be no judicial review of 
an agency’s determination to withdraw a proposed rule 
under subparagraph (B)(i) on the basis of the petition. 
‘‘(D) Failure to petition for a hearing under this 
paragraph shall not preclude judicial review of any claim 
based on the Information Quality Act under chapter 7 of 
this title. 
‘‘(e) HEARINGS
FOR HIGH-IMPACT RULES.—Fol-
lowing notice of a proposed rule making, receipt of com-
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HR 185 RFS 
ments on the proposed rule, and any hearing held under 
subsection (d)(4), and before adoption of any high-impact 
rule, the agency shall hold a hearing in accordance with 
sections 556 and 557, unless such hearing is waived by 
all participants in the rule making other than the agency. 
The agency shall provide a reasonable opportunity for 
cross-examination at such hearing. The hearing shall be 
limited to the following issues of fact, except that partici-
pants at the hearing other than the agency may waive de-
termination of any such issue: 
‘‘(1) Whether the agency’s asserted factual 
predicate for the rule is supported by the evidence. 
‘‘(2) Whether there is an alternative to the pro-
posed rule that would achieve the relevant statutory 
objectives at a lower cost (including all costs to be 
considered under subsection (b)(6)) than the pro-
posed rule. 
‘‘(3) If there is more than one alternative to the 
proposed rule that would achieve the relevant statu-
tory objectives at a lower cost than the proposed 
rule, which alternative would achieve the relevant 
statutory objectives at the lowest cost. 
‘‘(4) Whether, if the agency proposes to adopt 
a rule that is more costly than the least costly alter-
native that would achieve the relevant statutory ob-
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jectives (including all costs to be considered under 
subsection (b)(6)), the additional benefits of the 
more costly rule exceed the additional costs of the 
more costly rule. 
‘‘(5) Whether the evidence and other informa-
tion upon which the agency bases the proposed rule 
meets the requirements of the Information Quality 
Act. 
‘‘(6) Upon petition by an interested person who 
has participated in the rule making, other issues rel-
evant to the rule making, unless the agency deter-
mines that consideration of the issues at the hearing 
would not advance consideration of the rule or 
would, in light of the nature of the need for agency 
action, unreasonably delay completion of the rule 
making. An agency shall grant or deny a petition 
under this paragraph within 30 days of its receipt 
of the petition. 
No later than 45 days before any hearing held under this 
subsection or sections 556 and 557, the agency shall pub-
lish in the Federal Register a notice specifying the pro-
posed rule to be considered at such hearing, the issues 
to be considered at the hearing, and the time and place 
for such hearing, except that such notice may be issued 
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not later than 15 days before a hearing held under sub-
section (d)(4)(B). 
‘‘(f) FINAL RULES.—(1) The agency shall adopt a 
rule only following consultation with the Administrator of 
the Office of Information and Regulatory Affairs to facili-
tate compliance with applicable rule making requirements. 
‘‘(2) The agency shall adopt a rule only on the basis 
of the best reasonably obtainable scientific, technical, eco-
nomic, and other evidence and information concerning the 
need for, consequences of, and alternatives to the rule. 
‘‘(3)(A) Except as provided in subparagraph (B), the 
agency shall adopt the least costly rule considered during 
the rule making (including all costs to be considered under 
subsection (b)(6)) that meets relevant statutory objectives. 
‘‘(B) The agency may adopt a rule that is more costly 
than the least costly alternative that would achieve the rel-
evant statutory objectives only if the additional benefits 
of the more costly rule justify its additional costs and only 
if the agency explains its reason for doing so based on 
interests of public health, safety or welfare that are clearly 
within the scope of the statutory provision authorizing the 
rule. 
‘‘(4) When it adopts a final rule, the agency shall 
publish a notice of final rule making. The notice shall in-
clude— 
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