Negotiated rulemaking, or RegNeg, involves convening balanced committees that include members of the public who represent the interests likely to be affected by a proposed rule. Committee members meet to discuss and seek agreement on many or all parts of proposed rules before the public comment process begins.

By promoting collaboration, the process can help agencies gather crucial feedback early in the policymaking process, while minimizing conflict among parties who hold opposing perspectives. Such efforts may thereby reduce the risk of delay and litigation during or after rulemaking.

At the 67th Plenary on June 16th, the ACUS Assembly will discuss a set of recommendations that offer best practices for agencies to consider when choosing whether to use negotiated rulemaking or other public engagement methods, as well as best practices for conducting negotiated rulemaking. It situates negotiated rulemaking along a spectrum of options agencies might deploy to obtain stakeholder input. It also offers recommendations on ensuring that the agency has clear goals when initiating a negotiated rulemaking, conducting the process as efficiently as possible, and maximizing the likelihood of a successful outcome.

For those interested in attending the 67th Plenary, it will be held from 10:00am to 2:00pm EDT at Constitution Center, 400 7th Street, SW, Conference Rooms A, B, and C Washington, DC 20024. Learn more at: https://www.acus.gov/meetings-and-events/plenary-meeting/67th-plenary-session.