Notice and Comment in Agency Rulemaking

Understand notice-and-comment rulemaking as a public participation process for many agency regulations.

Notice and comment is a rulemaking process in which an agency publishes a proposed rule and gives the public a chance to submit comments before a final rule is issued.

In plain language, it is a structured public feedback step for many regulations. It helps affected people, businesses, organizations, and officials respond before an agency finalizes a rule.

Why it matters

Notice and comment matters because agency rules can have broad practical effects. The process creates a record of what the agency proposed, what concerns were raised, and how the agency responded.

That record can later matter in judicial review if someone challenges whether the agency followed required procedure or adequately explained its decision.

Where it appears

The term appears in federal and state rulemaking, regulatory notices, public comments, agency dockets, administrative-law challenges, and compliance planning.

Practical example

An agency proposes a new workplace-safety regulation. Employers, workers, unions, and public-interest groups may submit comments explaining expected costs, safety concerns, data problems, or alternative wording before the rule becomes final.

How it differs from nearby terms

Notice and comment is a type of rulemaking. Rulemaking is the broader process of creating agency rules; notice and comment is a common procedural model inside that process.

It also differs from an agency hearing before an administrative law judge, which usually resolves a specific dispute.

Quick knowledge check

Question: What is the main public-facing feature of notice and comment?

Answer: The agency publishes a proposed rule and allows public comments before issuing a final rule.