The
agency head is generally responsible by statute for making all final decisions.
Decisionmaking usually requires a personal decision, but the question becomes one of how
much preliminary assistance can be given to the agency head. In the range of agency actions,
the most sensitive requirements of personal decisionmaking involve adversarial adjudications
while the least sensitive involve notice and comment rulemaking. The agency head frequently
must make a personal decision and not simply rubberstamp a decision made by staff. This
does not mean that the agency head must personally read all of the record or write the decision.
The usual requirement is that the agency head be aware of major issues and use some personal
mental faculties in making the decision. The requirement for a personal decision does not mean
that the agency head can be called to court to testify whether or not that was the way a
particular decision was made. Outside advisory groups may be permitted to assist the
decisionmaker so long as the sanctity of the record is maintained, the final decision is personal
with the decisionmaker, and the decision is made on the basis of the statutory factors alone.