Legal Considerations in e-Rulemaking

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Committee: 
Legal Considerations in e-Rulemaking in stage 8. Implementation

Project Stages:

1. Gather ideas - Completed
2. Select ideas - Completed
3. Council approval - Completed
4. Picking a researcher - Completed
5. Committee consideration - Completed
6. Back to the council - Completed
7. Consideration by the full conference - Completed
8. Implementation - Current
Stage:  
8. Implementation
Status Notes:  
Adopted by the Assembly on June 16, 2011.

Contacts

Implementation Contact
202.480.2086
ebremer@acus.gov
In-House Researcher
Policy Analyst, Food, Health & Labor Branch
Media
202.480.2091
mkindelan@acus.gov

This study focused on the many legal issues that arise in e-Rulemaking, including how agencies may use software to determine that submitted comments are identical or nearly identical, and whether agencies can (and should) destroy paper copies of comments scanned to electronic form. Such innovations should reduce costs and improve efficiency.

 

Final Recommendation

Agencies are increasingly turning to e-Rulemaking to conduct and improve regulatory proceedings. “E-Rulemaking” has been defined as “the use of digital technologies in the development and implementation of regulations”1 before or during the informal rulemaking process, i.e., notice-and-comment rulemaking under the Administrative Procedure Act (APA). It may include many types of activities, such as posting...

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