In the last decade, the notice-and-comment rulemaking process has changed from a paper process to an electronic one. Many anticipated that this transition to “e-Rulemaking”[1] would precipitate a “revolution,” making rulemaking not just more efficient, but also more broadly participatory, democratic, and dialogic. But these grand hopes have not yet been realized. Although notice-and-comment rulemaking is now conducted...
Social Media in 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
Contacts
Committee Chair
Retired (Former U.S. Department of Transportation Assistant General Counsel for Regulation and Enforcement)
Consultant
Arthur Kaplan Professor of Law and Co-Director, Floersheimer Center for Constitutional Democracy
Benjamin N. Cardozo School of Law
This study examined various policy and legal issues agencies face when using social media to support rulemaking activities. It evaluated whether and when agencies should use social media to support rulemaking activities and sought to define applicable legal and policy constraints on agency action, resolve legal uncertainty to the greatest extent possible, and encourage agencies to find appropriate and innovative ways to use social media to facilitate broader, more meaningful public participation in rulemaking activities.
On September 17, 2013, the Conference co-sponsored a workshop for this project with the George Washington University Center for Regulatory Studies. Video of that event is available here:
Featured Documents
Final Recommendation
- Recommendation number: 2013-5
- Adopted on: December 5, 2013
- Committees: Rulemaking
- Tags: Direct Final Rulemaking, E-Rulemaking, Legislative Rulemaking, 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
November 14, 2012 Committee Meeting(Committee on Rulemaking)
November 14, 2012 - 1:00 pm EST
Location name:
Administrative Conference of the United States
March 25, 2013 Committee Meeting(Committee on Rulemaking)
March 25, 2013 - 2:00 pm EDT
Location name:
Administrative Conference of the United States
Social Media Workshop(Committee on Rulemaking)
September 17, 2013 - 1:00 pm EDT
Location name:
George Washington University
November 6, 2013 Committee Meeting(Committee on Rulemaking)
November 6, 2013 - 2:15 pm EST
Location name:
Administrative Conference of the United States
November 13, 2013 Committee Meeting(Committee on Rulemaking)
November 13, 2013 - 2:15 pm EST
Location name:
Administrative Conference of the United States
59th Plenary Session
December 5, 2013 - 2:00 pm EST
December 6, 2013 - 9:00 am EST
Location name:
Commodity Futures Trading Commission
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