Public Participation During the Rulemaking Process

Increase public participation during the rulemaking process. (2)

The President should direct agency heads to provide opportunities for
early, frequent and interactive public participation in a way that is
transparent and open to all interested parties. This is consistent with
the new regulatory review executive order. The administration should
facilitate agency efforts by identifying and removing any administrative
barriers.  The President should direct the Chair of the Regulatory
Coordinating Group (RCG) to promote and exchange information to assist
agencies in implementing this direction.

Regulators need to realize that they have a variety of tools for getting
public comments on a rule and to learn when it is appropriate to use
which tool.  Information should be exchanged on how to manage the
process carefully to prevent abuses or perceived abuses. Although
increased public participation is an important goal that should help
improve the quality and acceptability of agency regulations, granting
access behind closed doors to interest groups representing only one side
of an issue creates major problems.[Endnote 20] Care must be taken to
allow access by a wide variety of interests and to ensure that all truly
affected groups are represented in formal or informal negotiations.
Docketing of agency contacts with outside parties should also be
addressed.

Agencies should be encouraged to use the following methods of
interacting with the public in the rulemaking process in addition to
methods required by the APA:

--negotiated rulemaking,

--policy discussion groups,

--public meetings,

--focus groups,

--more useful and accessible public hearings and meetings, and

--early requests for input.

Endnotes

20. One of the major complaints against the Council on Competitiveness
was that it selectively allowed back-door access for big business
interests to influence the rulemaking process.