Negotiated Rulemaking and Other Options for Public Engagement

Recommendation 2017-2 – Negotiated Rulemaking and Other Options for Public Engagement offers best practices to agencies for choosing among several possible methods—among them negotiated rulemaking—for engaging the public in agency rulemakings. It also offers best practices to agencies that choose negotiated rulemaking on how to structure their processes to enhance the probability of success.

Citation: 82 Fed. Reg. 31039, 31040 (July 5, 2017)

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Implementation Contact
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Committee: 

Final Recommendation

  • Recommendation number: 2017-2
  • Adopted on: June 16, 2017
  • Committees: Rulemaking

Since the enactment of the Administrative Procedure Act (APA) in 1946, public input has been an integral component of informal rulemaking.  The public comment process gives agencies access to information that supports the development of quality rules and arguably enhances the democratic accountability of federal agency rulemaking.  As early as the 1960s, however, many agencies reported that notice-and-comment rulemaking “had become...

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