Notice-and-Comment Rulemaking

Definition

Notice-and-comment rulemaking is the process by which federal administrative agencies develop and implement new regulations. It involves publishing a proposed rule in the Federal Register, allowing the public to submit comments, and then the agency considering those comments before issuing a final rule.

5 Must Know Facts For Your Next Test

1. The notice-and-comment process is required by the Administrative Procedure Act for most new federal regulations.
2. The public comment period allows citizens, interest groups, and other stakeholders to provide feedback on proposed rules.
3. Agencies must consider all relevant public comments before issuing a final rule, and they must provide a reasoned explanation for their decisions.
4. Failure to follow the proper notice-and-comment procedures can lead to a court overturning a regulation as 'arbitrary and capricious'.
5. The notice-and-comment process is intended to make the regulatory process more transparent and to give the public a voice in shaping new rules.

Review Questions

• Explain the key steps in the notice-and-comment rulemaking process.
  • The notice-and-comment rulemaking process involves: 1) An agency publishing a proposed rule in the Federal Register, 2) Allowing a public comment period where interested parties can submit feedback on the proposed rule, 3) The agency reviewing and considering all relevant public comments, and 4) The agency then issuing a final rule that addresses the public input. This process is mandated by the Administrative Procedure Act to promote transparency and public participation in the regulatory development.
• Describe the role of the public comment period in notice-and-comment rulemaking.
  • The public comment period is a crucial part of the notice-and-comment rulemaking process. It allows citizens, businesses, advocacy groups, and other stakeholders to provide feedback, raise concerns, and suggest modifications to the proposed rule. Agencies are required to review and consider all relevant public comments before issuing a final rule. This public input helps ensure the final regulation is informed by diverse perspectives and addresses the needs and interests of affected parties.
• Analyze how the failure to follow proper notice-and-comment procedures can impact the validity of a regulation.
  • If an agency fails to properly follow the notice-and-comment requirements outlined in the Administrative Procedure Act, a court may deem the resulting regulation to be 'arbitrary and capricious' under the judicial review standards. This can lead to the regulation being overturned or remanded back to the agency. Proper adherence to notice-and-comment is essential to ensure transparency, public participation, and the development of well-reasoned regulations that can withstand legal challenges. The process helps legitimize the regulatory actions of federal agencies.

Related terms

Federal Register: The official daily publication for rules, proposed rules, and notices of federal agencies and organizations, as well as executive orders and other presidential documents.

Administrative Procedure Act (APA): The federal law that establishes the rules and procedures for how federal agencies can establish regulations, including the notice-and-comment process.

Rulemaking:

The process by which federal agencies create, amend, or repeal regulations, which have the force and effect of law.