E-Rulemaking (Recommendations)

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

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 draft recommendation on Petitions for Rulemaking will be considered by the Committee on Rulemaking at its October 23, 2014 public meeting. 

This proposed recommendation on Petitions for Rulemaking will be considered by the Assembly at the 61st Plenary Session on December 4-5, 2014.

Under the Administrative Procedure Act (APA), federal agencies are required to “give . . . interested person[s] the right to petition for the issuance, amendment, or repeal of a rule.”[1]  The statute generally does not establish procedures agencies must observe in connection with petitions for rulemaking.  It does, however, require...

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...

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