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 notices of proposed...
Legal Considerations in e-Rulemaking
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Committee:
Project Stages:
1. Gather ideas - Completed2. 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
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. The resulting recommendation identifies approaches that agencies can lawfully use to reduce costs and improve efficiency in e-Rulemaking.
The research report for this project was subsequently published as Bridget C.E. Dooling, Legal Issues in E-Rulemaking, 63 Admin. L. Rev. 893 (2011).
Related Recommendations
Featured Documents
Final Recommendation
- Recommendation number: 2011-1
- Adopted on: June 16, 2011
- Committees: Rulemaking
- Tags: E-Rulemaking
Implementation
In the past several years, the Administrative Conference has adopted a number of recommendations that address various subjects related to e-Rulemaking. These recommendations share a common focus and goal and represent incremental contributions to an evolving body of work. The Conference is accordingly pursuing joint implementation of these recommendations, including the following:
Recommendation 2011-1, Legal Considerations in e-Rulemaking. This recommendation provides guidance on various legal issues agencies face in e-Rulemaking, including how to efficiently and effectively deal with large numbers of identical comments and how to transfer paper comments to electronic dockets.
Recommendation 2011-2, Rulemaking Comments. This recommendation identifies best practices in the comment process, including with respect to minimum comment periods, reply comments, late comments, and anonymous comments.
Recommendation 2011-8, Agency Innovations in e-Rulemaking. This recommendation suggests ways in which agencies can improve their websites to facilitate public accessibility and engagement in the rulemaking process, so as to achieve the promise of e-Rulemaking.
Recommendation 2013-5, Social Media in Rulemaking. This recommendation provide guidance to agencies on whether, when, and how to use social media to lawfully and effectively support rulemaking activities.
Agencies that are planning or pursuing innovative strategies to leverage technology to improve public engagement in the rulemaking process are encouraged to consider these recommendations. They are also invited to contact staff counsels Emily S. Bremer or Reeve T. Bull with any questions, concnerns, or updates related to these activities. Suggestions for new studies that may lead to recommendations further contributing to this body of work are also welcome.
Project Documents
Committee Meetings & Events
March 25, 2011 Committee Meeting(Committee on Rulemaking)
March 25, 2011 - 9:00 am EDT
Location name:
Administrative Conference of the United States
April 20, 2011 Committee Meeting(Committee on Rulemaking)
April 20, 2011 - 2:00 pm EDT
Location name:
Administrative Conference of the United States
54th Plenary Session
June 16, 2011 - 2:00 pm EDT
June 17, 2011 - 9:00 am EDT
Location name:
Pew Charitable Trusts, Washington, DC
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