Direct Final Rulemaking (Recommendations)

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This is the Proposed Social Media Recommendation produced by the Committee on Rulemaking for consideration at the 59th Plenary Session.

Redline showing proposed amendments for discussion at the 59th Plenary Session.

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...

Informal communications between agency personnel and individual members of the public have traditionally been an important and valuable aspect of informal rulemaking proceedings conducted under section 4 of the Administrative Procedure Act (APA), 5 U.S.C. § 553.  Borrowing terminology from the judicial context, these communications are often referred to as “ex parte” contacts....