E-Rulemaking (Documents)

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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...

This is the first draft report for the Ex Parte Communications in Informal Rulemaking Project.  It will be considered by the Committee on Rulemaking during the meetings scheduled for Thursday, February 27, 2014 from 9:30 am to 12:30 pm.

This draft recommendation, Ex Parte Communications in Informal Rulemaking, will be discussed at the Committee on Rulemaking's April 10, 2014 meeting.

This is the final report for the Ex Parte Communications in Informal Rulemaking Project for consideration at the 60th Plenary Session, to be held June 5-6, 2014.

This outline was prepared by the Administrative Conference's consultants on the Petitions for Rulemaking Project, the Institute for Policy Integrity at New York University School of Law, under the direction of Jason A. Schwartz and Professor Richard L. Revesz.

Comments on the outline are welcome and will be most useful if received by June 2, 2014.  Please submit comments through the "...

This Proposed Recommendation on "Ex Parte" Communications in Informal Rulemaking was approved by the Committee on Rulemaking and will be considered by the Assembly at the 60th Plenary Session on June 5-6, 2014.

This redline shows proposed amendments to the Ex Parte Communications in Informal Rulemaking Recommendation for consideration at the 60th Plenary Session.

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....

This memorandum for heads of departments and agencies was issued by the White House on March 4, 1995.  It is cited in Recommendation 2014-4, "Ex Parte" Communications in Informal Rulemaking.

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