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1 Negotiated Rulemaking and Other Options for Public Engagement 1 (2017)

handle is hein.usfed/ngrlmoo0001 and id is 1 raw text is: Administrative Conference Recommendation 2017-2 Negotiated Rulemaking and Other Options for Public Engagement Adopted June 16, 2017 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 notice-and-comment rulemaking had become increasingly adversarial and formalized.' Starting in the late 1970s, as legal reform advocates sought to expand the use of alternative dispute resolution (ADR) to reduce the incidence of litigation in the civil courts, administrative law scholars began to consider whether importing ADR norms into the rulemaking process might promote a more constructive, collaborative dynamic between agencies and those persons interested in or affected by agency rules. Eventually, the Administrative Conference conducted a study and recommended an alternative procedure that came to be known as negotiated rulemaking. Negotiated rulemaking brings together an advisory committee2 ' Administrative Conference of the United States, Recommendation 85-5, Procedures for Negotiating Proposed Regulations, 50 Fed. Reg. 52,893, 52,895 (Dec. 27, 1985). 2 Negotiated rulemaking committees are advisory committees that must comply with the Federal Advisory Committee Act (FACA), unless otherwise provided by statute. 5 U.S.C § 565(a).

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