Notice and comment rulemaking is the process by which an agency proposes a rule, gives the public a chance to comment, and then considers those comments before issuing a final rule.
Why It Matters
This process matters because agencies can create rules with major real-world effects. Notice and comment helps make the process more transparent, creates a public record, and can improve the quality and legality of the final rule.
Where It Appears
The term appears in administrative law when agencies issue regulations under statutory authority. Lawyers, businesses, advocacy groups, and affected individuals often participate by submitting written comments.
Practical Example
A federal agency proposes a new environmental compliance rule and publishes it for comment. Interested parties file written objections and supporting evidence before the agency adopts the final version.
How It Differs From Nearby Terms
Rulemaking is the broader concept. Notice and comment rulemaking is a specific procedure for creating certain rules. Arbitrary and capricious review may come later if a court examines whether the agency adequately justified the final rule.
Related Terms
- Rulemaking
- Arbitrary and Capricious
- Judicial Review
- Administrative Law Judge
- Exhaustion of Administrative Remedies
Knowledge Check
- What are the core steps in notice and comment rulemaking? The agency proposes a rule, allows public comments, reviews those comments, and then issues a final rule.
- Why do comments matter? They help build the record and can shape whether the final rule is sound and lawful.