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.

Recommended Citation: Admin. Conf. of the U.S., Recommendation 2017-2, Negotiated Rulemaking and Other Options for Public Engagement82 Fed. Reg. 31040 (July 5, 2017).

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Final Recommendation:

Negotiated Rulemaking and Other Options for Public Engagement

Recommendation number
2017-2
Adoption Date
Committees

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 not

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