5 U.S. Code § 572 - General authority
(b) An agency shall consider not using a dispute resolution proceeding if—
a definitive or authoritative resolution of the matter is required for precedential value, and such a proceeding is not likely to be accepted generally as an authoritative precedent;
maintaining established policies is of special importance, so that variations among individual decisions are not increased and such a proceeding would not likely reach consistent results among individual decisions;
the matter significantly affects persons or organizations who are not parties to the proceeding;
a full public record of the proceeding is important, and a dispute resolution proceeding cannot provide such a record; and
Alternative means of dispute resolution authorized under this subchapter are voluntary procedures which supplement rather than limit other available agency dispute resolution techniques.
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