- Each party in the adversarial process is represented by an attorney.
- The agency's obligation to assemble such evidence has turned modern rulemaking into a more formalized, adversarial process than the framers of the APA anticipated.
- Courts are wary of allowing this device to cut too far into the agency's obligation to build its case though the normal adversary process.
- In addition, the doctrine of official notice allows agencies to rely on certain factual assumptions that have not been tested through the adversary process.
- It is a leap in the process of cognition.