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;
the matter involves or may bear upon significant questions of Government policy that require additional procedures before a final resolution may be made, and such a proceeding would not likely serve to develop a recommended policy for the agency;
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
the agency must maintain continuing jurisdiction over the matter with authority to alter the disposition of the matter in the light of changed circumstances, and a dispute resolution proceeding would interfere with the agency’s fulfilling that requirement.
[Pub. L. 101–552, § 4(b)], Nov. 15, 1990, [104 Stat. 2739], § 582; renumbered § 572, [Pub. L. 102–354, § 3(b)(2)], Aug. 26, 1992, [106 Stat. 944].)